INIBEHE; GROUP PETITIONS NBA PRESIDENT, MR. OLUMIDE AKPATA

 LAWYERS ARISE FOR JUSTICE

Motto: Injustice to one is an injustice to all!

A group of lawyers know as Lawyers Arise for Justice has petitioned the President of the Nigerian Bar Association, Mr. Olumide Akpata over the continued detention of Mr. INIBEHE Effiong. The content of the letter sighted by this reporter is reproduced below.

Mr. Olumide Akpata,

The President,

Nigerian Bar Association,

NBA House, Plot 1101 Mohammadu Buhari Way, 

Central Business District, Abuja.

Dear Sir,

INIBEHE EFFIONG: IS THE NBA HELPLESS IN THE FACE OF THIS IMPUNITY?

Yesterday the 11th of August 2022, Inibehe Effiong was moved, handcuffed, from Ikot Ekpene correctional centre, Akwa Ibom, where he was held, to Uyo Correctional Centre, where he was forced to sit on the bare floor and have his head and beard shaved, among other degradations visited on him.

NBA took a swift step to the applause of all when this matter happened and it is worthy of note that the NBA was courageous enough to say it, that the Chief Judge did not follow due process in sending Inibehe Effiong to prison as he was neither docked nor given the opportunity of being heard in violation of Inibehe’s constitutional right to fair hearing. This is a clear case of when the court would have the powers to review its order on the ground of a fundamental defect in the proceedings and a breach of the Inibehe's right to fair hearing. 

In a plethora of cases too numerous to cite, the supreme court has dispassionately confirmed the position of the law on this, that a court would set aside its own order given in any proceeding in which there is some fundamental defect. While the person affected by the order is entitled to have it set aside, by an application brought before the same court, not necessarily by way of appeal,  the court on its own can suo motu set it aside. This is the only path of honour the Chief Judge could take to redeem the bar and the bench and our justice system of the backlashes that may follow this path of perdition if allowed to complete its cycle.  

The NBA had taken the first step wisely to have sought the audience of the Chief Judge of Akwa Ibom, Justice Ekaette Obot, on why the order should be reviewed. But having closed all doors of further audience on the matter, we are of the view that the NBA is a pressure group and the best time to invoke that pressure to save the integrity of the association is now, as we entertain a reasonable apprehension that if the NBA neglects to take this path of redemption, it may be the end of this association as a voice and force in the protection of rule of law in the country.

We write to call on the NBA to take a more resolute stand as a matter of urgency on this impunity going on. We call on the NBA to take a stand on the brutal torture meted out to Effiong by the prison officials in Akwa Ibom State in violation of his fundamental right to dignity of human person and to protest the refusal of the Court to make available the certified true copy of the judgment and the record of proceedings of the court, for Inibehe to be able o exercise his constitutional right of applying for a review of the order, even if it is through an appeal.

At a time like this in our history when everything good seems to be falling into a split, the minimum lawyers engaging in courageous advocacy expect from the NBA in the course of speaking truth to powers is support and protection if and when the need arises. We therefore call on the Nigerian Bar Association to explore the pressure group option and to declare a nationwide action on the following grounds:

1. To protest the brutal treatment and unconstitutional humiliation meted out to Inibehe Effiong in Uyo correctional centre by calling for the investigation of this report for the purpose of bringing the officers involved to book; and 

2. To call for a review of the judgment of the Chief Judge of Akwa Ibom, Justice Ekaette Obot, on Inibehe Effiong, for the purpose of releasing Inibehe from prison.

We of LAWYERS ARISE FOR JUSTICE demand for the review of the order of court sending Inibehe Effiong to prison and this demand is based on sound principle of law that every court has the inherent powers to, whether based on application made or suo motu, review its orders and judgments if there is any defect that robs the judgment the elementary character of legitimate adjudication, as it is in this case.

We demand for an end to other forms of intimidation and harassment of lawyers by those in authorities, be it the police or other law enforcement agents in the country or the courts, in the course of carrying out their duties in this country.

If the NBA neglects to toe this path within the shortest time available, then a dangerous precedent for the courageous practice of law in Nigeria, that would hunt the law profession for generations to come, would have been firmly established and!

Yours Faithfully, 

Tope Temokun Esq.

CONVENER 

LAWYERS ARISE FOR JUSTICE

TEL:09069993837.

CO –CONVENERS AND SIGNATORIES:

1.Samuel Ihensekhien Junior Esq., NBA Bwari Branch.

2. Marshal Abubakar Esq., NBA Abuja Branch.

3. Pelumi Olajengbesi Esq., NBA Abuja Branch.

4.Festus Ogun Esq., NBA Lagos Branch. 

5. Rasheedat Akinrinde Esq., NBA Ibadan Branch.

6.E.D Akpala Esq., NBA Ondo Branch.

7.B.C. Obilor Esq., NBA Akure Branch.

8.B.O Williams Esq., NBA Abuja Branch.

9.Kariakitei Kokowei Esq., NBA Akure Branch.