INIBEHE EFFIONG: NBA WADES IN, VOWS TO RESIST HARASSMENT OF LAWYERS

The Nigerian Bar Association (NBA) has said that it is making moves to secure the release of human rights lawyer, Mr. Inibehe Effiong, even as it warned that it would resist attempts to intimidate and harass lawyers.

In a statement by NBA President, Mr. Olumide Akpata, the association noted that it has mobilized its Uyo Branch members to secure Effiong’s freedom, adding: “While not going into the merits of this particular matter yet, suffice it to say that the NBA is strongly opposed to, and will continue to resist all attempts to intimidate, threaten or harass our members while properly carrying out their professional responsibilities.”

The fiery human rights lawyer was committed for contempt and sentenced to one month imprisonment yesterday by the Chief Judge of Akwa Ibom State, Justice Ekaette Obot.

Titled, “RE: DETENTION OF MR. INIBEHE EFFIONG IN AKWA IBOM STATE,” the statement reads:

“I have received with great concern the news of the detention of one of our members, Inibehe Effiong, at a correctional facility in Akwa Ibom State, on account of what transpired on Wednesday 27 July 2022 during proceedings in the court of the Chief Judge of Akwa Ibom State.

“Since receiving this news, I have been in touch with the Chairman of the Uyo Branch of NBA who has mobilised his team to look into and address this. This morning, I have also mandated the NBA 1st Vice President to visit Uyo immediately to join the ongoing efforts and ensure the release of Mr. Effiong.

“The NBA is therefore on top of this, and I am confident that Mr. Effiong will regain his freedom shortly.

“While not going into the merits of this particular matter yet, suffice it to say that the NBA is strongly opposed to, and will continue to resist all attempts to intimidate, threaten or harass our members while properly carrying out their professional responsibilities.

“The NBA will also not condone acts of indiscipline and insubordination against judicial officers from our members no matter the provocation. Ours is a rule-based profession and there is a procedure for airing grievances. The NBA 1st Vice President will also conduct fact finding investigation to determine what transpired and recommend next steps.”

OLUMIDE AKPATA
NBA President
28 July 2022

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LPDC PROBE: EASTERN BAR FORUM ASKS OLANIPEKUN TO STEP ASIDE

The Eastern Bar Forum has asked the Chairman of the Body of Benchers, Chief Wole Olanipekun SAN to step aside “to save that august institution and the legal profession further embarrassment and opprobrium.”

In a statement signed by the Chairman of the EBF Governing Council, Chief Uba Anene, the forum alleged that Olanipekun has “grave integrity issues hanging over his head.”

According to the influential forum, “The EBF also calls on the Chairman of the Body of Benchers to save that august institution and the legal profession further embarrassment and opprobrium by stepping aside while issues pertaining to his integrity and that of his eponymous office is being dealt with. There can be no better way to lead by example.”

It also urged the Chief Judge of Akwa Ibom State to reverse the imprisonment of fiery human rights lawyer, Mr. Inibehe Effiong.

The full statement reads:

IN THE MATTERS OF INIBEHE EFFIONG AND CHIEF WOLE OLANIPEKUN, SAN

It is not the best of times for the legal profession in Nigeria.

Yesterday, at a hastily relocated venue due to the pervading state of insecurity in Nigeria, 1507 candidates were admitted to the noble profession at a ceremony presided over by a Chairman of the Body of Benchers with grave integrity issues hanging over his head.

Yesterday also, east of the Niger, a learned presiding Chief Judge wielded the ultimate judicial hammer and clamped a learned colleague Inibehe Effiong into prison for daring to raise procedural issues in a politically sensitive case involving the Akwa Ibom State governor, in which her impartiality had been called to question by way of a properly filed and served application for recusal/transfer.

These incidents leave a sour taste in the mouth.

The EBF calls on the Honourable Chief Judge of Akwa Ibom State to take another look at the matter, rescind her committal order immediately and transfer the pending case to another court so that justice may not only be done but also be seen to have been done.

The EBF also calls on the Chairman of the Body of Benchers to save that august institution and the legal profession further embarrassment and opprobrium by stepping aside while issues pertaining to his integrity and that of his eponymous office is being dealt with. There can be no better way to lead by example.

Chief Uba Anene
Chairman, EBF Governing Council.

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‘MY PRESENCE THREW SUPREME COURT JUSTICES OFF BALANCE,’ OMIRHOBO REPLIES OKUTEPA,

Activist-lawyer, Chief Malcolm Omirhobo has chided fiery senior lawyer, Mr. Jibrin Okutepa SAN for upbraiding him over his sensational appearance at the Supreme Court in religious attire laced with lawyers’ paraphernalia.

Reacting to a CITY LAWYER interview where Okutepa lampooned the human rights activist as a mere attention seeker, Omirhobo berated the former Nigerian Bar Association (NBA) Prosecutor at the Legal Practitioners Disciplinary Committee (LPDC) for finding fault with his veiled protest, adding that “It is not true that the Supreme Court Justices did not notice me as Mr. Jibrin said.”

Giving a blow-by-blow account of what transpired on that day, Omirhobo also said that “it would have been contemptuous of me to stand up to address the court as suggested by Mr Jibrin without first seeking the permission of the court or without being called upon by the justices to speak.”

The full text of his response as posted on his Facebook page reads:

MY APPEARANCE AT THE SUPREME COURT AND JIBRIN OKUTEPA SAN CONCERNS. BY CHIEF MALCOLM EMOKINIOVO OMIRHOBO.

Kindly share :

My attention has been drawn to the post of Mr. Jibrin Samuel Okutepa, SAN concerns on my appearance at the Supreme Court of Nigeria making the rounds in the social media and consequently it is important that I clear the air .

I attended the supreme court as a legal practitioner as of right to observe proceedings and not to appear for any party . In the circumstance it would have been contemptuous of me to stand up to address the court as suggested by Mr Jibrin without first seeking the permission of the court or without being called upon by the justices to speak.

On whether the Legal Practitioners Disciplinary Committee (LPDC), can or will sanction me for dressing and appearing in the mode and manner prescribes by my religion before the Supreme Court? The answer is NO because according to the Supreme court of Nigeria by virtue of section 38 of the Nigerian constitution every Nigerian is entitled to freedom of thought, conscience, and religion, and freedom (either or in community with others, and in public or in privacy) to manifest and propagate his religion or belief in worship, teaching, practice and observance. This my right cannot be wished away just because some other persons feel uncomfortable with it.

The way I dressed to the Supreme court constitutes an act of worship, hence the refusal to allow me to put on my traditional outfit on my lawyers uniform will be a clear infraction of my constitutionally guaranteed right .

On that faithful day , I arrived the Supreme Court Complex at about 9am and by the time I finished addressing a press conference it was about 11 am . I then proceeded to enter the court room . By the time I got there the justices of the Supreme Court were on recess . As I made my way into the court room , the policemen and other security operatives at the entrance of the court tried to stop me but I refused and forced my way in and sat down at the bar on the third roll because the first two rolls were already occupied. When the justices reconveyed (sic) they saw me and were discomfited and had to abruptly rise after hearing an application which they struck out .

It is not true that the Supreme Court Justices did not notice me as Mr . Jibrin said . They did . Every lawyer knows that the bench from their vantage position in courts are able to view the bar and the gallery as well as monitor the activities in their courts . On this occasion I was sitting at the third roll dressed with painted face , feathers in my wig , tying a red cloth , with beads and calabash around my neck and cowrie’s on my wrist and jibrin say that the justices did not see me ? Haba! There is God oooo.

Practicing lawyers and litigants will bear me witness that no composed judge not to talk of the justices of the apex court will spare an improperly dressed lawyer that enters their court not to even talk of sitting at the bar . The reaction of the justices after seeing me goes to show that they were taken aback if not three things would have happened , the first is that they would have stood me up and lambasted me after which they will throw me out of their court . The second is that they would have cited me for contempt and the third thing is that the justices would have ordered that I be sent to a Psychiatric Hospital to check my mental state . But none of these happened .Feeling my presence in their court , the justices read the handwriting on the wall and let me be . I must however commend them for their maturity and discernment .

Granted without conceding that the justices of the supreme court did not see me, the question now is what did the learned silk that saw me do ? Nothing because he too like the justices was discomfited . As a member of the inner bar ranking higher than myself in the legal profession, what is expected of him with the other four Senior Advocates of Nigeria that he claimed were present in court was for any of them to approach me to find out what the problem was and if my responses are not satisfactory then they
would have asked me to leave with support of the other members of the bar . Mr. Jibrin Samuel Okutepa, SAN did nothing, only for him to go to the social media to seek relevance .

I am not in anyway introducing religion in our profession as suggested by the learned silk but helping to develop it. Importantly too I did not attend the supreme court to make trouble but to celebrate with the justices of the supreme court for their recent judgement permitting every Nigeria to dress in public places as prescribed by their religion .

I shall continue to exercise my fundamental rights to freedom of thought , conscience and religion as enshrined and guaranteed in the Nigerian constitution and as affirmed by the decisions of the Supreme court of Nigeria by appearing the way I did at the Supreme Court in other courts . Nobody can deprive me of my fundamental rights because it will be illegal, unlawful and unconstitutional to do so .

I advised the learned silk to save his Bible verses until he sees the Daniel in me in no distant time because I believe that action speaks louder than words.

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SUPREME COURT ORDERS SHELL, OTHERS TO MAINTAIN STATUS QUO IN N800BN SUIT

The Supreme Court has ordered all parties to maintain the status quo in a contempt proceeding filed against the Managing Director, Shell Petroleum Development Company of Nigeria (SPDC) Osagie Okunbor, and three management staff of the company.

A five-man panel of the Apex Court led by Justice Kudirat Motonmori Kekere-Ekun gave the order on Thursday while delivering judgement on appeal number SV/CV/398/2022 filed by Osagie Okunbor and others over alleged disobedience of the orders of the Court. Other members of the panel are Justice Chima Centus Nweze, Justice Uwani Musa Abba Aji, Justice Helen Moronkeji Ogunwumju, and Justice Adamu Jauro.

Justice Kudirat Kekere-Ekun in her lead judgement held that the pending applications filed before the court are contentious and cannot be taken now. The Apex Court also ordered parties to file written addresses and to maintain the status quo pending the hearing of all the contentious applications.

The contentious applications before the court are, an application dated April 4, 2022, seeking an order staying further committal proceeding in Appeal Number, CA/OW/489/2020; an application dated April 21, 2022, seeking an order setting aside Ex-Debito Justitiae, Notice of Appeal filed in Appeal Number SC/CV/393/2022 and an application filed on April 29, 2022 asking the apex court for an order striking out ex debito justitiae, Notice of Appeal filed in appeal No. SC/CV/393/2022. The matter has been adjourned till November 3, 2022, for hearing.

The Court of Appeal sitting in Owerri, Imo State had ordered the Managing Director and the other three management staff of Shell Petroleum Company to appear before it to show cause why they should not be committed for contempt of court.

The three-man appeal court presided over by the Honourable Justice Rita Pemu had on March 23, expressed displeasure with the management of Shell for disobeying two court rulings against the company. The judge held that Shell had disobeyed the lower court ruling while the Appeal Court also ordered Shell to deposit the N800 billion judgment sum against it into the court’s account, an order the company also allegedly disobeyed.

Still dissatisfied, the alleged contemnors, through their counsel, Chief J. J. Onanigbo Okpoko, SAN appealed the ruling.

Shell had applied for a motion seeking an order staying the execution of the Federal High Court judgment in Appeal Number CA/OW/498/20 and Appeal Number CA/OW/490/20 respectively.

On the other hand, counsel to 1st to 88th respondents, Mohammed Ndarant Mohammed, a Senior Advocate of Nigeria prayed the court to ignore the motion for an order staying execution and urged the court to mandate the appellants to deposit the money in an interest-yielding account pending the final determination of the appeal.

Mohammed also raised the fears the appellants were preparing to close shop in Nigeria and relocate to another country, which would jeopardize the judgment if nothing was done, according to a THISDAY report.

It had previously reported that the Owerri Appeal court had ordered Shell to deposit N800 billion (about $2b) in 48 hours over alleged oil spillage.

This comes after Shell appealed a November 2020 Federal High Court ruling that ordered Shell to pay 800 billion naira ($1.95 billion) to 88 communities of Egbalor Ebubu in Rivers state, who had accused the company of an oil spill that damaged their farms and waterways.

The three-man panel had on Monday, March 14, ordered Shell Plc to stop selling any assets in Nigeria until a decision is reached on its appeal of the nearly $2 billion penalty.

The judges said Shell, acting through its agents or subsidiaries was restrained from “selling, allocating, vandalising or disposing off any of its assets/properties pending the determination of the appeal.

Disappointed with the ruling Shell approached the apex court seeking for stay of the execution of the decision until the appeal is determined.

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