Looking into what Barr. Inibehe Effiong's team narrated on what transpired that led to the Chief Judge of Akwa Ibom State jailing him.

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In this report, Vanguard Law and Human Rights examines the law of contempt as enshrined in the nation’s statute books and a popular dictum on the thin-line between contempt of the court and discourtesy in order to properly dissect the body of facts surrounding last week’s three-minute trial, conviction and imprisonment of a human rights lawyer, Mr. Inibehe Effiong by the Chief Judge of Akwa Ibom State, Justice Ekaette Obot, over contempt, for the purpose of establishing whether or not what happened between the latter and the former was a proper case for a judge to resort to the use of the judicial weapon of contempt.

Notwithstanding the initial uproar and subsequent interventions by the Nigerian Bar Association, NBA and some of its members, a Lagos-based human rights lawyer, Mr InibeheEffiong who was jailed last Wednesday for one month by the Chief Judge of Akwa Ibom State, Justice EkaetteObotfor contempt in facia curia (in the face of the court), is still in prison.


Mr. Effiong had flown from Lagos to Akwa Ibom early morning on July 27, 2022, to handle a libel case for his client and colleague, Leo Ekpenyong before a state high court in Uyo during which he ran into trouble with the trial Chief Judge.

Specifically, he was on the matter for his client when the judge took exception to his style of advocacy and preferred a charge of contempt in facia curia against him, ordered him to derobe, informed him he was on trial and in less than five minutes, pronounced him guilty and jailed him for one month to purge himself.

Although his plan was to check into an hotel after the proceedings to enable him attend the same court on July 29, he ended up in a dingy cell with criminals at the Ikot Ekpene Prisons.

He is expected to be there for 30 full days except there is an intervention from a higher court.

Although the human rights lawyer is presently serving his jail term, the circumstances surrounding how the lawyer was cited for contempt by Justice Obot, tried without entering the dock and while still adorning his wig and gown, and subsequently sentenced to one month jail term in less than five minutes, still remain a subject of debate in the legal circle.

By her style, Justice Obot has divided the bar into two opposing camps with a group castigating her for losing her temper hastily and urging the National Judicial Council, NJC, to re-evaluate her emotional suitability for her top job on the bench while the other group applauded her approach on the account that the sanctity of the court must be maintained at all times.

How Effiong’s case started

The genesis of the case that led to the imprisonment of Effiong started sometime in August 2019, when a human rights lawyer, Mr. Leo Ekpenyong, (now client of Inibehe Effiong) alleged in a newspaper interview that the incumbent state Governor, Emmanuel Udom, had purportedly doled out $1.5m to the Chairman of Akwa Ibom State Governorship and National Assembly Election Petition Tribunal, Justice W. O. Akanbi, to secure judgment in favour of the Peoples Democratic Party in a petition by Mr. Godswill Akpabio challenging the election of Chris Ekpeyong.


He had accused the governor of trying to bend the course of justice in favour of Ekpenyong and the PDP. In reaction, Governor Emmanuel denied the allegation, dared his accuser to substantiate the allegation or face legal action.

Indeed, on September 2, 2019, both Governor Emmanuel Udom and Senator Dickson Effiong Bob sued the human rights lawyer, Leo Ekpeyong for defamation of character before an Akwa Ibom State high court. The Chief Judge of the state, Justice Ekaette Obot assigned the cases to herself and had since been on them.

Both claimants (Udom Emmanuel and Effiong Bob) hired Samuel Ikpo to prosecute the separate libel cases for them while the rights lawyer hired Dr. PatrickUmoh to defend him in court.

In compliance with the practice direction, both parties in the separate cases filed and exchanged all material pleadings in the case including Pre-Trial Information Sheet.

According to a lawyer who is familiar with the case, Mr Augustine Asuquo, he said the Pre-Trial Conference was fixed for November 12, 2020, but off records.

However, on the day fixed for the case, the trial judge did not sit on the ground of ill health while the defence counsel was also absent and the matter had to be adjourned till November 26, 2020 but also off records.

Asuquo who claimed that the information he is releasing on the matter, were affidavit evidence, said that when the matter was fixed for November 26, 2020, the new date was allegedly not communicated to the defence counsel.

A’Ibom Chief Judge gives default judgment to Udom, Effiong

He narrated that when the court eventually sat on the case on November 26, 2020, the defence counsel representing Ekpeyong was also absent because he allegedly had no information about the new date while the court sat with an appeal to the judge by the counsel to the claimants to enter default judgment in accordance with Order 25 Rule 6(b) of the Rules of Court, a request that was granted.

Following the default judgment, the embattled judgment-debtor, human rights lawyer, Ekpeyong hired the chambers of Inibehe Effiong to take over the case for the purpose of setting aside the default judgments for want of fair hearing.

Swinging into action, Mr. Effiong filed a motion on notice in the two suits – Hu/Misc. 175/2021 & Hu/Misc. 174/2021 respectively urging the court to set aside the default judgment on grounds of violation of the Defendant’s/Applicant’s right to fair hearing among other things, but counsel to Emmanuel Udom and Effiong Bob reacted with a preliminary objection to stop the court from reopening the case on the account that the application by Ekpeyong’s new lawyer was filed out of time allowed by law.

During proceedings on the application, Asuquo narrated that the trial judge on her own raised sundry issues on why the application would not be heard but that Effiong openly disagreed with the judge by citing persuasive authorities to move her in his favour.

“My Lord became agitated, reprimanding Effiong for his audacity to argue with His lordship on issues of law (obviously my Lord had expected Effiong to always reply in the traditional remarks of “as the court pleases” “Yes my Lord” etc.

“Unfortunately, Inibehe is not that type of lawyer. So my Lord, in anger, descended on my colleague with unpredictable comments like: “You don’t stand before me and talk nonsense,” “ I have been on this side of the law for over 30 years and you don’t come and teach me law from there,” “Is anything the matter with you?” “You’re not on Channels Television, neither are you on Akwa Ibom Broadcasting Television,” he added.

Although the trial judge later reversed herself on the cases and set aside the default judgements on February 16, 2022, the encounter between the judge and the lawyer appears to have set the tone for the imprisonment of Effiong five months after.

The implication of the ruling of the court is that both parties will now appear before the court afresh to litigate on the issues raised on merit.

The trial judge was said to have adjourned the matter for continuation of the Pre-Trial Conference and directed counsel to bring an application for extension of time to regularise the court process.

Inibehe gets order setting aside judgment, trial begins afresh

But before the new date for the Pre-Trial Conference, Inibehe Effiong, on May 18, 2022, wrote the Chief Judge to reassign the case to another judge, upon instruction from his client, citing likelihood of bias as reason.

But when the case came up for mention on June 21, 2022, the trial Chief Judge did not indicate whether she would hands off the matter or not, a development that made Asuquo who represented Effiong in court on the day to draw the attention of the Chief Judge to the May 18, 2022 letter requesting her to hands off the matter.

According to Asuquo, upon referring to the letter, the trial Chief Judge interjected thus: “I saw the letter and I did order that you should make a formal application so that the other party can respond but you evaded service of that process.

“What about that lousy boy, what’s his name again,…the claimants’ counsel responded; that rude boy was found running in the street of Uyo, evading service and was chased after by the bailiff…, You people want to frustrate this case with this your application.., you will not. The other day, that’s how you people brought a herbalist to this court (referring to a journalist with Premium Times who was in court to observe proceedings that very day),” he added.

Asuquo said he had to promptly tell the judge that Inibehe was not based in Uyo but in Lagos and that at no time did he evade service of court process, adding that his explanation irked the judge who quickly ordered the clerk of the court to seize his phone to check if he was recording.

Judge moves to jail Asuquo for contempt

“When it was discovered that I wasn’t recording, my Lord asked that my phone be switched off and seized from me. As I stammered to utter another word, my Lord yelled at me to step out of the court and derobe myself that she’s sending me to prison for contempt.

“I was shocked to my marrow. While I stepped out, my Lord continued to denigrate my colleague, Inibehe for his unruly behaviour, that he has influenced me and that I had better find a Senior lawyer and attach myself and learn proper principles of law and conduct.

“Regarding my committal, I was helplessly miserable because I had done nothing to warrant such unthinkable attack. So I managed to utter some words of apologies to the court if my comment had ever offended the court. Another learned Senior from the bar, equally stood up and appealed for my pardon. That was how I escaped the sentencing hammer,” he recounted.

Although the case was adjourned for mention, Asuquo said the trial judge asked the claimants’ counsel to call his witness to mount the witness box to give evidence, but he said he did not bring any witness to court since the case was not adjourned for hearing, a development that made the judge to adjourn the case till June 24, 2022, even though he protested that the date was not convenient for him.

“On June 24, we had already prepared and filed a formal application for my Lord to recuse himself from handling the case on grounds of bias and or likelihood of bias.

“In the affidavit in support of the application, we stated emphatically how my Lord attended the wedding ceremony of the daughter of Senator Effiong Bob on June 11, alongside Governor Emmanuel during the pendency of the suit before my Lord by the said Senator.

“Owing to the fact that my colleague, Inibehe, could not come for that case after he missed his flight, and I was also engaged in a pressing matter, we quickly contacted our learned friend, Samuel Udoh, to hold brief for us in the case which he did.

“During the proceedings, Samuel promptly informed the court of our pending motion for recusal, and that same has been served on the claimants’ counsel in court. He pleaded for an adjournment to enable the claimants’ counsel respond to the said Motion.

“My Lord bluntly refused the application for adjournment, stating that the pendency of the motion cannot frustrate the hearing of the case. The court then ordered the claimant’s counsel to call his witness.

“Despite sustained objection by Samuel to that effect, my Lord adamantly went on with the case. After the evidence of the 1st witness, my Lord ordered Mr. Samuel to cross examine the witness, but Samuel explained his health predicament to the court and also informed the court that he was only holding brief for Effiong and that it will be tantamount to infraction of the defendant’s rights to fair hearing to continue with the case after a motion challenging my Lord’s power to hear the case has been filed.

“My Lord in anger, foreclosed the defendant from cross examining and ordered the claimants’ counsel to call his second and third witnesses while the defendant remained foreclosed from cross examining.

“After the proceedings, my Lord then imposed another date, adjourning the matter to the 29th of June, 2022 wherein we further prepared and filed another motion on notice to set aside the proceedings conducted on the said June 24, 2022, on grounds of breach of fair hearing.

“On June 29, 2022, when the matter came up, the court’s hostility continued in another dimension. My Lord demanded that everyone’s phone be seized and switched off by the police.

“Court further cautioned Effiong to be very careful before he’s sent to prison for contempt. Despite compelling appeal by Inibehe Effiong that the court should take our motion for recusal, my Lord bluntly refused and proceeded with the trial of the case.

“After the proceedings, the court further imposed two dates: July 27, and 29, 2022, on parties which according to the court, was to enable the claimants’ counsel conclude his case,” he added.

According to Asuquo: ”Now, on July 27, 2022, my Lord came inside the court at 10am with so much aggressiveness. My Lord instructed his orderly to bring in two armed policemen inside the court room.

“Soon after that, my Lord yelled at his orderly why it was taking so long for the armed officers to be brought in. Immediately, the officers, well armed with rifles, gained entrance into the court, my Lord then declared: ‘Gentlemen, I want to say that I will not tolerate any nonsense today from anybody….’

“The case was called and while the court directed the claimants’ counsel to put in his witness for cross examination, Inibehe Effiong promptly rose and reminded the court of the two pending applications.

“My Lord said in reply, that the motion will be taken on a different date so the case proceeded.

“While Inibehe was cross-examining the witness, my Lord interjected and demanded to know the person in a red shirt. The person responded that his name is Saviour Imukudo from Premium Times, my Lord quickly directed him to leave the courtroom and also ordered his phone to be seized from him by the armed policemen.

“It was then my colleague informed the court that the defendant trial is in open court, and that members of the public be allowed to observe proceedings. However, my Lord insisted that nobody can come inside the court to record proceedings without being permitted by the court.

“It was at this juncture that Inibehe Effiong made another observation to the court that he has seen two armed police officers with AK-47 behind him in the court room, that my Lord should please direct them to step out of the court as their presence was creating fear and hostility to him.

“My Lord in response said that the armed officers are protecting her. It was then Inibehe made a formal application asking the court to either direct the officers out of court or overrule him.

“While Inibehe was still addressing the court, the court was writing and none of us knew that my Lord was writing on my colleague’s committal to prison.

“Soon after the writing, my Lord raised his head and yelled at Inibehe to step out of the court and derobe himself.

Court jails Inibehe over contempt in-facie curia

“Surprisingly, Inibehe asked my Lord why, and my Lord said ‘I’m sending you to prison.’ Inibehe in obedience, stepped aside but refused to derobe stating that if he derobes, he won’t be able to address the court.

“That’s when my Lord pronounced his sentence on my colleague in the most regrettable manner and my colleague was taken to Ikot Ekpene Correctional facility like a common criminal for no just cause,” he added.


https://www.vanguardngr.com/2022/08/why-a-ibom-chief-judge-must-face-njc-panel-lawyers/

Lol we call on Udom to recommend this judge for impeachment by the House of Assembly. She's terrible and should be the first to face an impeachment.

292. 1. A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances

a.in the case of

Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State,

Not bad.

Them go soon blame buhari now

triple996:
Them go soon blame buhari now

Lol

She really fits their kind of madness.

TheGoodJoe:


Come on. This reads like a clear case of abuse of power. No matter the madness, the judge is not supposed to abuse her power.

You want to use social media to bring her and the whole Akwa Ibom judiciary to disrepute.
It is self help and una go still collect it from her.
Nairaland must not allow its platform to be used for rable rousing and self help campaign of calumny against the judiciary. If you have submitted a petition to njc, let njc do its job. shikena.
She truly fits una kind of madness.

Tyranny in it's purest Form

Disobedience to the rule of Law...

She learnt it from someone up their in a federal capacity.. nothing New.

A mother, definitely a side slut to the governor who is probably a grand mother also...

Nairalanders, observe the urchins supporting this tyranny. Thesame zombies who supported poo'hari - the sharia god who intends to spread sharia all over Nigeria, are ever ready to support another disaster

They love the sharia cum jurisdiction to happen all over Nigeria

Tufiakwa.. spit on their dead brains

The is clearly a case of abuse of judicial powers and abuse of court by the Akwa Ibom CJ. The NJC should really investigate and discipline this woman. These are the judges that set bad precedence and bastardize the legal profession.

I still don't get this Effiong and his approach to Law. If you raise an issue and it was not dealt with, just note it as a basis for an appeal if the judgment goes against you, why becoming a nuisance. The Chief Judge is entitled to her pronouncements which Effiong and his client reserve the right of appeal.
For God's sake, that's not the final court. Let her say wherever she likes and appeal if you are not happy shikena.