EYE WITNESS REPORT OF REV'D RICHARD PETERS ABOUT WHAT HAPPENED IN STATE HIGH COURT 1(CHIEF JUDGE'S COURT) IN SUIT NO HU/279/2019, BETWEEN GOVERNOR UDOM EMMANUEL vs LEO EKPENYONG


1. It was around 10:30am when the matter was called by the court clerk on the directive of the court and all parties were represented by their respective Lawyers. Mr. Sam Ikpo leading two other Lawyers appeared for the Claimant, Governor Udom Emmanuel, while Mr. Inibehe Effiong with one Mr. Augustine was for the defendant, Leo Ekpenyong.

2. The Judge asked what the matter was for and the Claimant's Lawyer informed the court that it is for further cross examination of Claimant's witness (CW3) which was Rev'd Richard Peters, as the last witness of the Claimant.

3. I was called to the witness box for further cross examination of which the defence lawyer, Inibehe Effiong commenced by asking me whether I know the consequences of lying on oath, and I answered Yes, my Lord and he now asked me what the consequences were and I responded by saying that I can't recall now and that I know that it is not good to lie on oath as a Christian.

4. He further asked whether I know that lying on oath is a perjury of which I can be prosecuted and I responded that if the court finds out that I'm lying on oath, the law should take it's cause. The Defense counsel was not satisfied by my answers and he continued asking the same questions and I also responded with the same answers.

5. The defence lawyer also asked me whether I stated in my statement on oath before the court that I am an SA to the Claimant in the case, and I responded Yes.

6. At this Juncture, the Chief Judge sighted a man with a red shirt using his phone to record the proceedings of the court inside court and ordered him to stand up and hand over the phone to police at the entrance door, the court asked the police to check the phone, which was done and was discovered that he was recording proceedings of the court with the phone and the court ordered for the seizure of phone.

7. The Defense lawyer interjected, telling the court that it is an open court and that the public is allowed to witness and record proceedings, at this point the judge said no, that he has no right to video the proceedings of the court without outright permission of the court, the Judge further told the defence lawyer to continue with his cross examination, but he refused and was still making reference to the seizure of the phone by the court at the top of his voice, at this point, the court now told the Defense lawyer that that the court will not tolerate his excesses in court today and that he should be serious with the business of the day which was further cross examination of CW3.

8. While the Judge was about to put the defence lawyer on record, Inibehe Effiong jumped up and shouted saying "You cannot tell him to leave the court, he is a journalist. He has right to stay in court and record all what you say so that you cannot deny. If you don't ask him to come back to the court, I will not sit down and no proceedings will continue today. My Lord, I'm waiting for you to rescind your order. Nothing will happen today."

9. He continued: "I have noted the manner this court conducts its case, that is why we filed motion for transfer of this case to another court, you refused to hear the motion. What type of a Judge are you? You must hear the motion today or hell will let loose".

10. While the defence lawyer was insisting on the Judge to hear his motion and for the seized phone to be returned to the owner, and was talking while the Judge was still talking, the Judge told the defence lawyer to stop talking and continue in the further cross examination.

11. While the court was trying to respond to the defence lawyer's application, he kept shouting, raising his voice in the court and pointing his fingers at the Judge and said "I have seen around policemen in this court, tell them to leave immediately so that I can conduct my case freely, you don't have any right to bring in armed policemen into this court to intimidate me and threaten me. I will resist it, if you don't order them to leave, I'll not sit down".

12. Although I didn't see any arms with the police, however, the Judge responded by saying that the policemen are protecting the court against any harrassment.

13. The Judge continually told the defence lawyer to conclude his further cross examination so that the records of the court will be tidy then the motions will be taken, but Inibehe Effiong yelled: "I will not, you have to do what I say or nothing will happen this morning, I bet you".

14. At this Juncture, the court could not contain the attitudes of the defence lawyer in challenging the court decisions verbally and disrupting the court proceedings, the Judge asked him to step out of the Bar, derobe and certain procedures followed.

15. The Judge sentence him to prison for a month until he purges himself of the contemptuous conduct.

Major problem with Nigeria. Judiciary is not dispensing justice. What do you have to hide.
They want the case transferred.

I think the judge is up to something by not allowing someone to video the proceedings. Free Inibehe Effiong.

Recording the proceedings of a court without the express permission of the presiding judge is contempt, and it comes with consequences. Let's just thank God that the judge didn't order that the culprit be remanded in jail.

Malory:
I think the judge is up to something by not allowing someone to video the proceedings. Free Inibehe Effiong.

When a case is before a judge, he or she adjudicate over it, and has the jurisdictions to take decisions that is in the best interests of all parties involved. His prayers can't be granted,when this is an objection by the claimant. Remember, you were taken to court, and you don't seek convenience.

blackboy:
Major problem with Nigeria. Judiciary is not dispensing justice. What do you have to hide.
They want the case transferred.

edikandavid:
Recording the proceedings of a court without the express permission of the presiding judge is contempt, and it comes with consequences. Let's just thank God that the judge didn't order that the culprit be remanded in jail.

But I thought it is an open court and besides we are in a democracy.

It's democracy, but the judge has control over the court and decides what happens therein. If you want to record, you file a motion. It is the place of the judge to give permission for that. There are rules in the courtroom.

Malory:
But I thought it is an open court and besides we are in a democracy.