ILLEGAL INVASION OF THE NATIONAL ASSEMBLY BY EBUN-OLU ADEGBORUWA

NIGERIANS LOOK UP TO THE JUDICIARY TO SAVE DEMOCRACY

The events of the past few days, in Imo and Benue States, have become worrisome, especially in relation to the attempts to subvert democratic institutions.

We have seen how policemen in Benue State, physically prevented lawmakers from gaining access to their place of work.

It was also reported that a High Court in Benue State, had issued an order of injunction, restraining the speaker of the Benue State House of Assembly, from parading himself as such.

In Imo State, it was reported that a court issued an order of injunction, restraining the Imo State House of Assembly, from proceeding with the impeachment of the Deputy Governor.

Although the events are happening so fast, it is certain that most, if not all the disputes, will end up in the law courts.

It is possible that Governor Samuel Otom may have questions to answer on the management of the resources of Benue State, or his performance in office generally, for I remember vividly that it was this same Governor that commissioned wheels barrows, at a time. However, that has to be dealt with in accordance with due process, not with policemen barricading the Assembly to enable 8 persons in a 30 member Assembly, to purported to commence processes to impeach the Governor. The era of lawlessness and impunity, promoted by previous lawless governments, is gone forever in our history as a nation.

I cannot say whether the Deputy Governor of Imo State is an ex-convict or not, or whether or not he may be guilty of any misconduct warranting his impeachment, but once a court has issued and order of injunction restraining the Imo State House of Assembly on the impeachment, then it amounts to legislative rascality, for that House to have proceeded with the impeachment, as such is null and void and of no effect whatsoever.

I urge the Judiciary to rise up to the occasion of the cascading voices of confusion and brigandage raging in our land. Even during the military, the Judiciary played its role of stabilizing the nation. It cannot shy away from that noble role now, given the songs of war coming from all the political divides. Let Judges decide cases according to law and according to their conscience, on whose side the pendulum of truth and justice tilts, and the heavens will surely not fall.

I also urge our political leaders to consider the labours of our heroes past and the struggles of our living patriots, and give our nation the golden opportunity to practice true democracy, nurtured by the rule of law and respect for due process.

Impunity and lawlessness cannot birth true progress and development, especially when justice, equity and fair play, have taken sudden flight. It may go your way today, but sorely and certainly, it will hinder you tomorrow.

Let us keep following the constitution and the laws of our land, in all our dealings, and when we deviate, let the courts bring us back on tract, without fear, favour, affection or ill will.

God bless Nigeria.

Ebun-olu Adegboruwa, Esq.,

Lekki, Lagos.

31/07/2018.

JOE IGBOKWE AND THE JUDICIARY:

WITHDRAWAL OF COURT ACTION

On Monday July 16, 2018, I took up Mr Joe Igbokwe, on his Facebook post, wherein he asserted that Governor Nyesom Wike bought judgment from the Supreme Court of Nigeria. Subsequently I filed a case at the Federal High Court, to get the Honourable Attorney-General of the Federation, to take steps to verify the allegation or prosecute the author.

Mr Joe Igbokwe has since withdrawn the offensive post from his Facebook wall, he has retracted it, he has offered an unreserved apology and he has given a firm undertaking, not to engage in such conduct, in future, when he stated that:

“It was a mistake and I take responsibility for my action. It was a personal opinion. This is to tender an unconditional and unreserved apology to all those felt (sic) offended by my post and a promise to avoid such drivel in future.”

In my mind, this settles the substance of the case filed in court, which was meant to protect the judiciary as an institution, not necessarily to shield any person identified or suspected to be involved corrupt practices, from probe or prosecution.

I have consulted widely, I have read and digested all comments and suggestions in this regard and I’m mindful to align with the view that the apology and undertaking of Mr Joe Igbokwe should suffice to put an end to the case filed in court.

Accordingly, the entire claims stated Suit No. FHC/L/CS/1240/2018, between Ebun-Olu Adegboruwa, Esq. v. The Honourable Attorney-General of the Federation & Mr. Joe Igbokwe, have been wholly discontinued against all the defendants in the said suit. A notice of discontinuance has been filed at the Federal High Court on July 24, 2018, effectively withdrawing the case.

Individual Judges may err, some lawyers may falter and even the judicial system may appear weak and feeble, but we cannot afford to destroy the institution itself, as the options for our nation, to function without a respectable judiciary, will be catastrophic. A society where the rule of might prevails cannot enjoy peace and prosperity.

I thank you all for your kind support, observations, criticisms and counsel.

Together, we shall make Nigeria great.

Ebun-Olu Adegboruwa, Esq

Lekki, Lagos.

24/07/2018

Life without Christ is crisis

EBUN-OLU ADEGBORUWA & CO.

Barristers, Solicitors, Consultants

‘Kogun Chambers, Jesus Arena​​​​​       Tel: 08100000758, 08100000759

Itedo Road, Off Admiralty Way, Lagos​​​​       08033016673, 08033246500

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Lekki Peninsular Scheme 1, Lekki, Lagos

PRESS RELEASE

JUDGMENT FOR SALE: ADEGBORUWA SUES JOE IGBOKWE, WANTS AGF TO PROSECUTE HIM, ASKS HIM TO STEP ASIDE FROM PUBLIC OFFICE

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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.

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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.

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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.

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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:

“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.”

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.

WHEREFORE the Applicant seeks the following reliefs against the Defendants:

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