Sentencing of Inibehe Effiong to prison unlawful, say lawyers

Some legal practitioners have kicked against the sentencing of Inibehe Effiong, human rights lawyer, to prison by Ekaette Obot, chief judge of Akwa Ibom.

On Wednesday, Obot sent Effiong to prison after the lawyer reportedly said he did not feel safe in court.

The human rights lawyer was in court to defend Leo Ekpenyong, a lawyer, in a libel suit filed by Udom Emmanuel, governor of Akwa Ibom.

Reacting to the development, Festus Ogun, a human rights lawyer, in a chat with TheCable, said no lawyer should be jailed for defending his client.

“This is clearly unacceptable. No lawyer should be persecuted, jailed or punished for courageously defending his client regardless of the position of who is involved. Akwa Ibom CJ has crossed the sacred lines and has shown partisanship,” he said.

“Inibehe Effiong must be released immediately and unconditionally with remorseful apology from the learned trial judge.”

Pelumi Olajengbesi, another human rights lawyer, in a legal opinion, said the conviction of Effiong without trial is “not welcome” under the Nigerian criminal justice system.

“A good question is whether his expression, in any way, ridicules the court or interferes with the administration of justice? The answer is to the negative,” Olajengbesi wrote.

“At this point, I cannot completely overlook the fact that the chief judge had earlier threatened to put Inihebe Effiong Esq behind bars for accusing her of the likelihood of bias in the ongoing libel suit which came up for trial.

“In addition, sentencing without trial is definitely not welcome under the Nigerian Criminal Justice system as it emblems an exercise of arbitrariness and a slap on the hallowed concept of Rule of Law.

“To sentence for contempt in the face of the court by the Judge who feels offended will naturally bring about a case of the Judge being a ‘Judge’ in her own case and for that, the Judge ought to be more circumspect in the exercise of her powers.

“It is my opinion that if my Learned brother has been accused for contempt, then he ought to be tried for contempt in accordance with due legal procedure before being sentenced. The Court is no place for display of sentimentality, and justice should not only be done, but manifestly be seen to be done.

“In light of the ripple consequences of setting such precedence in the arbitrary exercise of the court or a judge’s right to hold one on contempt charges, it behoves on the judiciary as an institution to take more than a cursory interest in this matter and see that manifest justice in the form of redress is extended to my learned friend and colleague Inibehe.

“The current chief judge of Akwa Ibom is apparently no longer competent to continue to preside on the matter and the court, neither is she fit to continue to hold such a very important and delicate office as her cloak of justice have been stained with injustice and the pungent stench of political bias.”

Tope Temokun, another human rights lawyer, said a letter has been submitted to Olumide Akpata, president of the Nigerian Bar Association (NBA), on the matter.

“We have just delivered a letter to the president, the fearless president of our Bar, the indomitable Olumide Akpata, to rise up to this case of great injustice against the Bar, with a clear direction, to use all legitimate means to see that Inibehe Effiong regains his freedom without delay,” Temokun said.

“While we await his immediate action on this very serious matter, we assure that even in the face of this crass act of intimidation, of those who fight for social justice and freedom for the common man in the country, at the risk of losing our own freedom anytime we go before the court, we shall be undaunted and we shall remain committed to promoting enforcement of human rights and observance of the rule of law in Nigeria.”