Detention Of Lawyer: NBA To Report Akwa-Ibom CJ To NJC

The Nigerian Bar Association (NBA) is considering petitioning the National Judicial Council (NJC) on the alleged unconstitutional decision of the Chief Judge of Akwa Ibom State judiciary, Justice Ekaete Obot.

Justice Obot had last month ordered the remand of a lawyer, Inibehe Effiong in prison for one month following an allegation of contemptuous behaviour in court.

The NBA President, Olumide Akpata in a statement Wednesday, said attempts to secure Mr Effiong’s release through sustained engagements at different levels have been unsuccessful with the Chief Judge indicating that she was unwilling or unable to further entertain the matter.

“In this circumstance, the NBA is left with no choice but to work on an appeal against the decision of Her Lordship, and I have instructed the NBA team to work with Mr Effiong on an immediate appeal. This is not the outcome that we had expected because there is a high chance that Mr Effiong would serve out his one-month custodial term before the end of the appeal.

“Regardless of the conduct of Mr Effiong in the courtroom on the date of the proceedings that led to his committal, one thing that has come out from the various accounts that the NBA has so far received is that Hon. Justice Ekaette Obot did not follow due process in the committal proceedings.

“Mr Effiong was not put in the dock, told what his wrong or contempt was, given fair hearing or even an opportunity to recant or purge himself (a courtesy that the Bench should, at the minimum, extend to counsel where counsel’s conduct is said to be contemptuous).

“This on its face not only runs afoul of known practice and procedure in such cases but is also unconstitutional. In view of the foregoing and depending on the outcome of our ongoing investigations, the NBA may be forced to take this matter up with the National Judicial Council.”

Eighteen-Eleven Media reports that Justice Obot is adjudicating a case of libel filed by Governor Udom Emmanuel against Mr Leo Ekpenyong. Mr Effiong is the counsel to Mr Ekpenyong. The matter was on its last day for the prosecution to end its case.

Effiong had, despite repeated warnings by the state Chief Judge, constantly accused the judge of being biased, asking her to recuse herself from the case.