Barrister Samuel Ekpo, Counsel to Governor Udom Emmanuel and Senator Effiong Bob has clarified air on what led to the sentencing of human rights lawyer, Inibehe Effiong by Akwa Ibom state Chief Judge, Justice Ekaette Obot.
Ekpo, while addressing newsmen in Uyo on Friday, accused Effiong of abusing the court processes and disrespecting the judge.
Effiong was in court to represent one Leo Ekpenyong in a libel suit following a publication against the Governor and Bob Effiong.
“On the 25th day of August 2019 we alleged that one Leo Ekpenyong Esq falsely and maliciously published concerning the Governor of the State Deacon Udom Gabriel Emmanuel and Senator Effiong Bob Esq in the Online Newspaper called METRODAILY NG. COM the following:- “Judgment for sale in Akwa Ibom State National Assembly elections Petition Tribunal”.
“Recent events have shown that despite the widespread record of proceedings indicating that Senator Godswill Akpabio, Honourable Minister for Niger Delta Affairs overwhelmingly won the 2019 elections, the Tribunal Chairman, Justice W. O. Akanbi who many thought was a righteous judge has received a whopping $1.5M (US DOLLARS) from Governor Udom and has recruited Justice Ebetu, another member of the tribunal from Bayelsa to join in the judgment for sale scam. Akanbi J. has ordered a brand new Toyota Highlander SUV from proceeds of this bribe money all in a bid to deny Senator Akpabio his Victory despite glaringly proving his case by the preponderance of unassailable evidence adduced in the tribunal”
“Again, Justice Akanbi throughout the duration of the tribunal sitting in Uyo has developed the culture of habitually parking his vehicle in the residence of a former Attorney General of the State and Commissioner for Justice who is a Chieftain of the PDP and whose son is currently serving as a member of Akwa Ibom State House of Assembly………………….”
“The Claimants consulted their Solicitors Samuel Ikpo Esq to write to the said Leo Ekpenyong Esq to retract the said offending publications but he failed, refused and neglected to do same.
“The Claimants Deacon Udom Emmanuel and Senator Bob instituted action against the said Leo Ekpenyong Esq for LIBEL on the 10th of September 2019 and 2nd September 2019 in Suit Nos. HU/273/2019 and HU/279/2019 respectively.
“The Defendant having been duly served with all the Court process filed his Statement of defence on 22/1/2020 which was later amended on 16/6/2020 respectively which was also later amended. These documents were filed by Dr Patrick P. Umoh (Chmc) on behalf of the Defendant.
Pre-trial commenced in these two cases. On the 12th day of November 2020 one of our lawyers Inimfon Eddie Esq attended the Court while Immaculata V. Idiong represented the Defendant in the case. The Court sat but ordered that the cases be adjourned off record to the 26th day of November 2020 for Pre-trial due to ill- health of the Judge.
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“On that 26/11/2020 Inimfon Eddie Esq was in Court but Defendant’s Counsel came late to Court and both Counsels took another date being 15th day of December 2020.
Both parties knew of the adjournment date but neither the Defendant nor his Counsel turned up on that day being 15th December 2020. No Hearing Notice was required to be issued as both parties knew of the next adjourned date being 15/12/2020.
On that day as the Defendant Leo Ekpenyong Esq and his Solicitor Dr Patrick Umoh did not attend Court and no letter was sent explaining their absence, the Claimant Counsel Inimfon Eddie Esq applied that judgment be entered as per the Rules of Court which demands that if a party fails to attend the Pre-trial Conference or substantially unprepared to participate in the conference or fails to participate in good faith the Judge shall:-
“In the case of a Defendant enter final judgment against him”.
On the 25th day of March 2021, the Defendant Leo Ekpenyong Esq hired another Solicitor in the person of Inibehe Effiong Esq who brought an application to set Aside the judgment of the Court entered on the 15th December 2020.
We the Claimant’s Counsel opposed the Motion to Set Aside. We filed Notice of Preliminary Objection on 16th June 2021 challenging the competence of the Motion to Set Aside the judgment.
HOSTILITIES
On the 25th November 2021 when the case came up, the Defendant Counsel Inibehe Effiong Esq stood up and informed the Court that he has a Motion to Set Aside the judgment and that he will take the Motion first. Counsel to the Claimant Samuel Ikpo Esq addressed the Court that the Preliminary Objection ought to be taken first as its aim according to the Supreme Court is to “nib the case in the bud” if it succeeds but if it tails, then the main case will continue.
This was when HELL was let loosed as the Defendant Counsel jumped up and said:-
“I am an international lawyer. I practice in Lagos and Abuja, I am a Human Rights Activist and I will teach the judges in Akwa Ibom State the law”
He continued:-
“I give interviews on Channels Television and also on Akwa Ibom Broadcasting Television”.
He pointed his fingers menacingly at the Chief Judge and threatened that proceedings will not go on unless he be allowed to take his motion to set aside first.
At this junction the Chief Judge replied him saying that he was not before Channels Television nor Akwa Ibom Broadcasting Television but in a Court of law. The Chief Judge told him that Preliminary Objection takes precedence over any other motion and that she will take that first but the Defendant Counsel insisted that as a Human Right Activist he will make sure his motion was heard first.
The Defendant Counsel stood his grounds and refused to sit down moving in and out of the Bar until it took the intervention of other lawyers to make him stop shouting at the Chief Judge.
Infact this was the day he ought to have been punished for Contempt but the Chief Judge maintained her calmness and did nothing. The case was adjourned to 12/1/2022 on which date, the Court advised the Defendant to file motion to Regularize his position as a new Counsel in the matter as Rules of Court so demands.
The case was adjourned to 17/1/2022 and subsequently to 14/2/22 where Defendant Counsel moved Motion for change of Counsel. The case was adjourned to 16/2/2022 for Ruling as to whether the judgment will be Set Aside or not.
On 16/2/2022 the Court Set Aside its earlier judgment. The Defendant Counsel praised the Court and showered encomiums on the Court on a well reserved Ruling. He applauded the Court as one of the best Courts in Nigeria and that he has full confidence in the Judge that Justice Will be done at the end of the case.
On 23/6/2022 the Defendant Counsel filed motion praying the Court to transfer the cases to another Court on grounds of BIAS. The case came up on the 24th June 2022 and the Claimants Counsel Samuel Ikpo Esq was served with the said motion for disqualification of the Chief Judge from further hearing the matter on the same 24/6/2022.
On the 24/6/2022 the said Inibehe Effiong Esq was not in Court one Samuel Udoh Esq held his brief. The said Samuel Udoh Esq informed Claimant’s Counsel Samuel Ikpo Esq and the Court that he was prepared to conduct the case but that the lead Counsel Inibehe Effiong Esq called him saying he should not conduct the case as he wants the case to be slowed down. The Court Ruled that as he is holding brief he is fully competent to go on with the case. He informed the Court that there was a motion challenging the competence of the Chief Judge to hear the matter.
When asked by the Court to move the Motion he replied that it was just filed on 23/6/2022 and served on Claimant’s Counsel on 24/6/2022 so it’s not ripe for hearing.
The case was adjourned to 27/6/22 for cross examination of CW3 did not complete the cross examination but took a date in November for conclusion. Claimant Counsel opposed such long adjournment, the case having been in Court since 2019. A compromise date of July 27th and 29th of July 2022 was agreed.
On the 27/7/22 the Court sat, and with witness in the box, defense Counsel commence cross examination.
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.
The Defence 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 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.
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”.
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? this motion must be heard today”.
While the defence lawyer was insisting on the Judge to hear his motion and for the seizure 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.
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”.
“It is not done anywhere, I must be put on record?”
The Judge responded by saying that the Policemen are protecting the Court against any harassment.
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, My Lord have to do what I say or this matter will not go on this morning, I bet you”
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 and derobe.
The Judge sentenced him to prison for a month until he purges himself of the contemptuous conduct.
I must end this press statement by telling you who a contemnor is:-
In ODU V. JOLAOSO 2005 VOL. 127 LRCN Pg. 1347 at Page 1351 Ratio 5 the Supreme Court answered the question thus:-
“The question that then arises is this: who is a contemnor? It is, in my view, the person to whom an order of the Court of competent jurisdiction is directed to do once strained from doing an act and who in defiance or seeking one subterfuge or the other refuses to comply with the order so made: it equally embraces such invidious acts as insults or unsavory comments with very sinister motives against a Court with a view to denigrating the Court and smear or besmirch its nobility, its majesty, its aura, its responsibility, or indulging in expressive sinister and offensive acts or words that would lower the esteem of the Court in the eyes of the public”.
