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The case of the Facebook post of All Progressive Congress chieftain, Mr. Joe Igbokwe, accusing the Supreme Court of selling justice to the governor of Rivers State, Mr. NyesomWike, has now taken a new dimension, as legal luminary and human rights activist, Ebun-Olu Adegboruwa, has filed an action before the Federal High Court, Lagos, seeking to sanction Mr. Igbokwe, for what he considered to be his reckless utterance against the judiciary. Named as defendants in the suit are the Attorney-General of the Federation and Mr. Joe Igbokwe. In the suit, Mr. Adegboruwa is asking the court to direct Mr Abubakar Malami, SAN, to invite Mr. Joe Igbokwe for interview in order to give him the opportunity to substantiate his allegation against the judiciary, failing which he should be prosecuted and sanctioned. He is also asking Mr. Igbokwe to step down and vacate his office as General Manager of Lagos State Wharf Land Fee Collecting Authority and Public Relations Officer of the All Progressive Congress, and also a declaration that Mr Igbokwe is not a fit and proper person to be elected or appointed into any public office in any part of Nigeria.
On July 16, 2018, at about 15:20pm, Mr. Joe Igbokwe published the following statement:
“WIKE WILL NOT HAVE THE AUDACITY AND THE TEMERITY TO KILL AGAIN IN RIVERS STATE AND RUN TO THE SUPREME COURT TO BUY JUSTICE. IT WILL NEVER HAPPEN AGAIN IN NIGERIA WHERE BUHARI IS THE PRESIDENT.”
on his Facebook page. Upon reading it, Mr. Adegboruwa immediately took up Mr. Igbokwe, to substantiate the allegation. Similarly, the Rivers State Government also demanded explanations from Mr. Igbokwe and threatened court action. Subsequently, the Chief Justice of Nigeria, invited security agencies to probe Mr. Igbokwe’s allegations and deal with the judges found culpable and if the allegations are false, to take appropriate steps to prosecute Mr. Igbokwe.
Rather than withdraw the offending post, Mr. Igbokwe proceeded to issue a more comprehensive post, wherein he specifically stated that the Chief Justice of Nigeria was under the influence and payroll of Mr. Nyesom Wike.
In a 32 paragraph affidavit deposed to in support of the new suit, Mr. Adegboruwa is claiming that Mr. Igbokwe’s post is capable of generating loss of confidence in the judicial system, which will discourage people from seeking redress from the law courts and which will in turn lead to lawlessness and resort to self–help and rule of the might. He also said that it will lead to loss of patronage for lawyers, who would no longer be able to handle cases in court, given that it is now possible to buy justice with money. Mr. Adegboruwa is contending that as a public officer, Mr. Igbokwe should be involved in disparaging other public institutions and that his offending post is a clear case of abuse of public trust for which he should be sanctioned appropriately. He contends further that the Attorney-General of the Federation, being the leader of the official Bar in Nigeria and chief law officer of the federation, is the one best placed to take up the case against Mr. Igbokwe, on behalf of the judiciary, lawyers and indeed the general public.
Other reliefs being sought in the case are as follows:
“1.A DECLARATION that the 2nd defendant is not entitled to make any statement to the effect that a judgment of the Supreme Court of Nigeria was bought and paid for.
2.A DECLARATION that the statement of the 2nd defendant, to the effect that the judgment of the Supreme Court of Nigeria was bought and paid for is reckless, unjustifiable and amounts to an unwarranted denigration of the integrity and authority of the Supreme Court of Nigeria in particular and the judiciary in general.
3.A DECLARATION that the 1st defendant, being the leader of the official Bar in Nigeria and the chief law officer of the Federation, is under a statutory duty to interview, engage and demand from the 2nd defendant, proof of his statement that the judgment of the Supreme Court of Nigeria was bought and paid for, failing which the said 1st defendant should proceed to prosecute the said 2nd defendant.
4.A DECLARATION that the 2nd defendant is not a fit and proper person to be elected or appointed into or to hold any public office in any part of the federation of Nigeria.
5.AN ORDER directing the 1st defendant to forthwith interview, engage and demand proof from the 2nd defendant, of the latter’s statement that the judgment of the Supreme Court of Nigeria was bought and paid for, failing which the said 1st defendant should forthwith prosecute the said 2nd defendant.
6.PERPETUAL INJUNCTION, restraining the 2nd defendant, his servants, officers and agents, or otherwise howsoever, from further issuing, uttering, publishing or making any statement, of and concerning the judiciary and the legal profession in Nigeria, capable of undermining the credibility, authority, integrity and sanctity of judgments of the Supreme Court of Nigeria and of all other courts in in Nigeria, generally.
7.AN ORDER directing the 2nd defendant to forthwith vacate, relinquish and surrender any and all public positions that he presently occupies.”
The case, numbers as FHC/L/CS/1240/2018, is yet to be assigned to any court for hearing, but the detailed suit is reproduced herein.
IN THE FEDERAL HIGH COURT
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: FHC/L/CS/1240/2018
BETWEEN:
EBUN-OLU ADEGBORUWA, ESQ. )APPLICANT
AND
1.ATTORNEY-GENERAL OF THE FEDERATION )RESPONDENTS
2.MR. JOE IGBOKWE )
ORIGINATING SUMMONS
BROUGHT UNDER:
1.SECTIONS 2, 4, 5, 6, 15 (3) (A) & 41, 42 & 46 OF THE 1999 CONSTITUTION
2.ARTICLES 12 & 13 OF AFRICAN CHARTER ON HUMAN & PEOPLES’ RIGHTS
3.SECTION 153 OF THE 1999 CONSTITUTION
4.UNDER THE INHERENT JURISDICTION OF THE HONOURABLE COURT
LET THE RESPONDENTS, of Lagos in the Lagos judicial division within thirty days after service of this summons on them, inclusive of the day of such service, cause an appearance to be entered for them to this summons which is issued upon the application of Ebun-Olu Adegboruwa, Esq., of ‘Kogun Chambers, Jesus Arena, Itedo Road, off Admiralty Way, Lekki Peninsular Scheme 1, Lekki, Lagos who claims (to be aggrieved over the statement of the 2nddefendant to the effect that a judgment of the Supreme Court of Nigeria was bought and paid for, which statement is without any substance and has rendered the judiciary and the entire legal profession in Nigeria liable to public ridicule and opprobrium), for the determination of the following questions:
1.Whether the 2nd defendant is entitled to make the following statement, of and concerning the judiciary, the Supreme Court of Nigeria and the legal profession in general, as stated in his Facebook post of July 16, 2018, at about 15:20pm:
2.Whether the statement of the 2nd defendant, to the effect that a serving governor in Nigeria, Mr. Nyesom Wike, bought and paid for a judgment of the Supreme Court of Nigeria, is justified, justifiable or warranted.
3.Whether in the circumstances of the judiciary of the federal republic of Nigeria presently, it is possible to pay for and buy judgment in the Supreme Court of Nigeria.
4.Whether the statement of the 2nd Defendant, to the effect that Mr NyesomWike, being the incumbent Governor of Rivers State of Nigeria, bought and paid for a judgment of the Supreme Court of Nigeria, is not capable of undermining the credibility integrity, acceptability, functionality, sanctity and supremacy of the judgments of courts in Nigeria, especially the Supreme Court and thereby undermine the trade and practice of the Applicant and other lawyers in Nigeria.
5.Whether the statement of the 2nd defendant, to the effect that it is possible to buy judgment from the Supreme Court of Nigeria, is not reckless, jaundiced, mischievous and a deliberate assault upon the judiciary of Nigeria, the legal profession in Nigeria, capable of ruining the trade and practice of the Applicant and other lawyers in Nigeria.
6.Whether it is proper and lawful, for any citizen of Nigeria, especially one occupying any position of public trust, such as the 2nd defendant, to make a statement capable of undermining the good reputation, credibility, integrity and honour of the judiciary, especially the Supreme Court of Nigeria and the legal profession in general, to the detriment of the trade and practice of the Applicant and other lawyers in general.
7.Whether the 2nd defendant is not liable to defend, substantiate and prove his statement that the judgment of the Supreme Court of Nigeria was bought and paid for, failing which he should be sanctioned, damnifiedand prosecuted by the 1st defendant.
8.Whether the 1st defendant, as the official leader of the Nigerian Bar, is not under a statutory duty to uphold, defend and protect the judiciary of Nigeria, all judicial officers and indeed the legal profession, by taking up, engaging and prosecuting the 2nd defendant for his reckless statement that the judgment of the Supreme Court of Nigeria was bought and paid for.
9.Whether the Applicant is not entitled to an order of this Honourable Court, directing the 1st defendant to interview, engage and demand from the 2nd defendant, proof of his statement that the judgment of the Supreme Court of Nigeria was bought and paid for, failing which the 1st defendant should proceed to prosecute the 2nd defendant.
10.Whether in view of this statement, to the effect that a serving governor in Nigeria, Mr. Nyesom Wike, paid for and bought a judgment of the supreme Court of Nigeria, the 2nd defendant is a fit and proper person to be elected or appointed into any public office in any part of the Federation of Nigeria.
1.A DECLARATION that the 2nd defendant is not entitled to make any statement to the effect that a judgment of the Supreme Court of Nigeria was bought and paid for.
2.A DECLARATION that the statement of the 2nd defendant, to the effect that the judgment of the Supreme Court of Nigeria was bought and paid for is reckless, unjustifiable and amounts to an unwarranted denigration of the integrity and authority of the Supreme Court of Nigeria in particular and the judiciary in general.
3.A DECLARATION that the 1st defendant, being the leader of the official Bar in Nigeria and the chief law officer of the Federation, is under a statutory duty to interview, engage and demand from the 2nd defendant, proof of his statement that the judgment of the Supreme Court of Nigeria was bought and paid for, failing which the said 1st defendant should proceed to prosecute the said 2nd defendant.
4.A DECLARATION that the 2nd defendant is not a fit and proper person to be elected or appointed into or to hold any public office in any part of the federation of Nigeria.
5.AN ORDER directing the 1st defendant to forthwith interview, engage and demand proof from the 2nd defendant, of the latter’s statement that the judgment of the Supreme Court of Nigeria was bought and paid for, failing which the said 1st defendant should forthwith prosecute the said 2nd defendant.
6.PERPETUAL INJUNCTION,restraining the 2nd defendant, his servants, officers and agents, or otherwise howsoever, from further issuing, uttering, publishing or making any statement, of and concerning the judiciary and the legal profession in Nigeria, capable of undermining the credibility, authority, integrity and sanctity of judgments of the Supreme Court of Nigeria and of all other courts in in Nigeria, generally.
7.AN ORDER directing the 2nd defendant to forthwith vacate, relinquish and surrender any and all public positions that he presently occupies.
Dated this……………….. day …………………………….2018
IN THE FEDERAL HIGH COURT
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: FHC/L/CS/1240/2018
BETWEEN:
EBUN-OLU ADEGBORUWA, ESQ. ) APPLICANT
AND
1.ATTORNEY-GENERAL OF THE FEDERATION ) RESPONDENTS
2.MR. JOE IGBOKWE )
AFFIDAVIT IN SUPPORT OF ORIGINATING SUMMONS
I, EBUN-OLU ADEGBORUWA, Legal Practitioner, Human Rights and
Pro-Democracy Activist, Community Leader and Public Defender of Lekki,
Lagos, do hereby make oath and state as follows:
1.That I am the applicant in this suit by virtue of which I am conversant with the facts deposed to in this affidavit.
2.I am a Citizen of the Federal Republic of Nigeria and a registered Legal Practitioner.
3.I am a Legal Practitioner resident and carrying on legal practice in Lagos and other parts of Nigeria. I am bound by the laws of Lagos State and of Nigeria and interested in the running of the affairs, administration and government of Lagos State and of Nigeria.
4.I contribute to the economic prosperity of Lagos State and of Nigeria, I pay my tax and partake in other various ways in the development and progress of Lagos State and of Nigeria. I am also an employer of labour in Lagos State and other parts of Nigeria whose income can be and indeed will be affected in one way or the other by the running of the administration and government of Lagos State and of Nigeria.
5.I am primarily engaged in the practice of law, from which I earn my living and support all my dependants and I am affected by comments made against the judiciary in Nigeria, especially the Supreme Court of Nigeria and such comments, where they are negative, they will hugely affected my patronage and they will affect the confidence of people in the judiciary generally and thus lead to loss of income and revenue for me and for other lawyers in Nigeria.
6.I am permanently resident in Lekki, Lagos, Nigeria and I am daily affected by the economic, political and other policies and programmes of government of Lagos State and of Nigeria. I also have family members and other dependants resident and carrying on business in various parts of Lagos State and other parts of Nigeria.
7.My law office and library are based in Lekki, Lagos State but I have and service clients cutting across the length and breadth of Nigeria.
8.I am a leader in my church and in my community where I reside in Lagos. I am listed in Nigeria’s Who is Who and I have a great stake in the outcome of the leadership and administration of Lagos State and of Nigeria.
9.I was called to the Nigerian Bar in 1995 and a major stakeholder in the judiciary and legal profession in Nigeria. I have about seven lawyers working with me in my law firm and other scores of administrative staff. I am into full time legal practice.
10.I have been an activist for most part of my life defending the rights of the masses. I was Public Relations Officer of the Students’ Union of Obafemi Awolowo University, Ile-Ife and later President of the same union. I was a member of the senate of the National Association of Nigerian Students (NANS). I am a member of Committee for the Defence of Human Rights (CDHR), Civil Liberties Organisation (CLO), Campaign for Democracy (CD), President, GSM Subscribers and Other Phone Users Association of Nigeria and founder of Law and Justice Forum and Millennium Legal Support Services.
11.
