Judiciary as the Odium of Nigeria:  The Case of Gov Eno

Cyprian Edward-Ekpo  

I recollect my virtual presentation to the United Nations Office of the High Commissioner for Human Rights on October 19, 2020, during the youth unrest in Nigeria tagged the “End-SARS” protest. Many people asked why I asserted that the Nigerian youths were directing their fight to a wrong and innocent party, that the Nigerian Police is never the problem of Nigeria, rather the Policemen are equally victims of the Nigerian state. The Nigerian Police was wrongly blamed.

I retorted that the judiciary had been the enabler of all atrocities committed by law enforcement agents and the officials of the Executive Arm of Government. It is the judiciary that is legally and constitutionally placed in a position to checkmate and review the actions of all other arms as well as persons. Because the judiciary has surrendered its authority and integrity to the dustbin of the state, and there are no consequences, that is why police brutality and other social malaises flourish in Nigeria. In fact, the ills of the Nigerian Judiciary are complex and multi-dimensional. 

I was opportune to see the records of the case involving the current Governor of Akwa Ibom State, Pastor Umo Eno’s conviction by the Chief Magistrate Court, Abuja. The crux of the matter exposes a gargantuan proportion of subterfuge and perceived corruption in the FCT Judiciary, just like many other jurisdictions of the Nigerian judiciary.

The story of Pastor Eno as found in the case record is shocking. The record speaks volumes that Pastor Eno is alleged to have committed an offence of cheating and dishonestly inducing delivery of property against one Mr. Godwin Edet Etim, a former contract staff to Exxon Mobil Producing Nigeria Ltd, wherein the man forfeited wages belonging to the said Godwin Edet Etim. Despite all pleas, he refused to release the money and when the said Edet Etim accosted him, he was detained by his guards for seven days.

He also lost his daughter due to the ill-treatment by Mr. Eno. Parts of the crimes extended to Abuja, thus leading to a criminal summon against Pastor Eno, his arraignment, trial, and conviction pursuant to Section 325 of the Penal Code law.

An extensive trial was conducted by the Magistrate Court throughout the year 2022 until judgment was delivered on December 20, 2022, convicting Pastor Eno for the alleged crimes based on the findings of the Court. The Court could not pronounce the sentence due to the absence of the Defendant in Court. The Court granted additional Order issuing a Warrant of Arrest for sentencing. Upon service of the Warrant on the Inspector-General of Police, Mr. Eno instructed his lawyers to file a Motion to set aside “Issuance of Warrant of Arrest”.

On January 9, 2023, the legal team of Pastor Eno filed a Motion on Notice to set aside the Issuance of a Warrant of Arrest and filed nothing more. That is to say, was no motion to set aside the judgment and the conviction of the Court.

On January 10, 2023, the Court granted an Ex-parte Order for the hearing of the Motion on Notice to set aside Issuance of a Warrant of Arrest and the said motion affidavit undertook that Mr. Eno will appear in Court as the basis for the grant of that relief.  The said Order of Substituted Service which slated a hearing date for January 13, 2023, was served on the Complainant lawyers (the law firm of Law Icons Solicitors & Notaries) on the same date as January 10, 2023. As the record demonstrates, the complainant filed a counter affidavit and a written submission opposing the Motion to Set Aside “Issuance of Warrant of Arrest” slated for hearing on January 13, 2023, as indicated in the Court Order of Substituted Service.

Known that there was no defense to the crime allegedly committed, tried, and convicted, in an obvious perfection of fraud against the judicial proceedings, when the Complainant’s lawyers arrived at the Court on January 13, 2023, the matter was called from the Cause List. Neither Eno’s lawyers nor the said Mr. Eno made appearance in Court. As practice appeared to be, the Complainant’s lawyers urged the Court to deem Eno’s application to set aside the issuance of a warrant of arrest abandoned and strike it out.

One would be so shocked why the Magistrate, Mr. Emmanuel Iyanna had to inform them that in the absence of the Complainant and his lawyers, on January 11, 2023, less than 24 hours after service of Order of Substituted Service on the complainant lawyers to appear on January 13, 2023 for hearing, he had set aside the judgment of December 20, 2022, which convicted Pastor Eno when a date for the hearing of Motion to Set Aside Issuance of Warrant of Arrest was slated for January 13, 2023. Only corruption or mental health crisis could have given birth to such fraudulent proceedings.

What is more surprising, the complainant’s lawyers have insisted that the said Magistrate Court did not sit on January 11 2023, such proceedings could only have been held at the Magistrate’s House, in the bush, or another world, but not the open Court. They also claimed that they applied and obtained the Cause List of January 11, 2023 and the Court did not sit.

What is more, the Complainant filed an appeal against what he regarded as “Fraudulent Proceedings” seeking the Appellate Unit of the High Court of FCT to set aside the alleged fraudulent proceedings of January 11, 2023 and pronounce a sentence on Mr. Eno, including binding him from holding public office in Nigeria for ridiculing judicial proceedings.

Both Appellant and the Defendant had exchanged briefs of appeal with the one of Eno appearing with no answer to the issue of fraudulent proceedings of January 11, 2023.

The Appeal was fixed for hearing on May 4, 2023. Surprisingly, the media was again awash alleging that the Chief Judge of FCT, Hon. Justice Husseini Yusuf had been compromised by aides of former Governor of Akwa Ibom State, Governor Udom Emmanuel to cause him to intervene and stop the appeal from being heard until after May 29, 2023, when they can plead immunity clause to free Eno perpetually. 

In what appears to have manifested the allegation of compromising the appeal hearing, on May 2, 2023, the Chief Judge of FCT suddenly suspended the appeal and dislodged the appeal panel via a directive. Angered by the complainant lawyers, they wrote a letter to him demanding that an appeal panel be reconstituted and the appeal must be heard within seven days.

They also informed the National Judicial Council of the ugly development. The FCT Chief Judge obliged the request and reconstituted another appeal panel with a new judge, Hon. Justice Belgore presiding and Hon. Justice M. B. Idris assisting.  

The matter was slated for hearing on May 17, 2023.  On the May 16, 2023, Pastor Umo Eno Counsel led by Uwemedimo Nwoko, SAN, and Paul Usoro, SAN who had filed their briefs as early as April 2023 without reference to the supplementary record, filed a Supplementary Record alleging that there was a hearing notice served directly on the complainant counsel on January 10, 2023 which informed of hearing on January 11, 2023. It seems clear that the tactics was to enable the Court delay proceedings until after May 29, 2023 as Eno appeared to have no defense in the matter.

Such a supplementary record could only become an issue if there was a background discussion between the Court and Eno’s team on what could be a way out.

One may ask, could the Magistrate Court which issued an Order of Substituted Service January 10, 2023 with a hearing date of January 13, 2023, also on the same January 10, 2023 issue another hearing notice for hearing on January 11, 2023?

During the proceedings of May 17, 2023, Justice Belgore of FCT High Court adjourned the matter to May 24, 2023, despite granting a motion filed by the Complainant lawyers for an Order of Accelerated Proceedings to hear and determine the matter before May 29, 2023.

On May 24, 2023, all efforts of Ibrahim Idris, SAN, counsel brought in to lead the complainant’s team, to urge the Court to allow counsel to adopt the processes for the Court to deliver judgment on the appeal proved abortive as the Judge was seen to be guided by Paul Usoro to divert from the business of the Court to an issue that a lawyer from Law Icons chambers deposed to an affidavit challenging the alleged fraudulent supplementary record.

The judge adjourned to May 25, 2023, for ruling on the Plaintiff’s legal representation just a mere ground that a lawyer from Law Icons deposed to an affidavit that no hearing notice was served on her for any hearing on January 11, 2023 except an Order of substituted service which fixed hearing for January 13, 2023. The Court directed itself to a no issue and the appeal hearing was frustrated. On May 25 2023, the Court ruled and disqualified the law firm of Law Icons from the proceedings for challenging a fraudulent supplementary record.

What law did the judge base his decision to disqualify a law firm from proceedings in the absence of professional misconduct?  Attempt to disqualify Ibrahim Idris, SAN was not successful as he earlier announced that he was not working in Law Icons but was representing his law firm leading the team.

But again, all efforts of Ibrahim Idris to cause the Court to proceed to the appeal and conclude it on day of May 26 2023 fell on deaf ears. Paul Usoro’s request that the matter be adjourned to a far date was granted despite the attention of the Judges being drawn to section 308 of the Constitution by Ibrahim Idris, SAN. Justice Belgore adjourned the matter to May 2, 2023.

The media had already reported a leaked plot by the aides of Governor Udom Emmanuel and the FCT Judiciary to frustrate the appeal until after May 29, 2023. The Judiciary could not redeem its image.

How will such a complainant ever believe in going to court to seek redress in issues that confront him? One is also left to see what will play out. Will Justice Belgore continue the matter when Eno’s lawyers raise an objection based on section 308 of the Constitution – the immunity clause even after they waived it and practically requested a later adjourned date?

I hold an opinion that in the circumstance Eno is affected by the doctrine of estoppel having waived that constitutional protection in the court proceedings. I also hold an opinion that Section 308 of CFRN does not affect appeal proceedings as well as pre-election and election matters. Appeal is not a trial, and does not require the presence of Eno. If my opinion is wrong, I am certain of one thing, the Court is now the one in the absolute trial.

Based on what is seen on social and print media about this case, it is very unfortunate that the Court, and indeed the revered office of the Chief Judge of FCT High Court is been referenced as helping the Respondent to slur justice and render mockery to judicial proceedings. There is a need to correct such impressions and misrepresentations.

A situation like this where the Judiciary is being seen by laymen as an accomplice and helper of the rich and powerful criminal elements who can fund private pockets against justice for the downtrodden and the tenet of justice could cause a loss of hope in the court system and encourage self-help.

The postulate of Baron de Montesquieu, the proponent of the Doctrine of Separation of Power, which said, “There is no crueler tyranny than that which is perpetuated under the shield of law and in the name of justice”, demonstrates more than a passive reflection in the character of Nigerian Judiciary. 

Edward-Ekpo is the Director-General, Institute of Law Research and Development of United Nations (ILAWDUN), Washington D.C, U.S.A; Principal Executive Director and Universal School of Eclectic Analysis, Research & Legal Studies (UNISERL), London.