NBA NEWS 27/10/2023
NBA-SPIDEL Calls For Probe Of Bribery Accusations Against Imo Court Of Appeal Justice
The Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) has called for thorough investigations into allegations of bribery against Court of Appeal justices handling the Imo State governorship election petition appeal.
Read the full statement below
RE: ALLEGATIONS OF BRIBERY & COMPROMISE AGAINST THE JUSTICES OF THE COURT OF APPEAL SITTING OVER THE IMO GOVERNORSHIP ELECTION PETITIONS: A CALL FOR THOROUGH INVESTIGATIONS.
The attention of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) has been drawn to the controversy that played out at the hearing of the appeal of the Imo governorship election at the Court of Appeal some days ago. Media reports have it that at the hearing of the appeal of the Imo state governorship election petition, the presiding Justice had reason to read out a petition brought against the Justices by the All Progressives Congress (represented by Mr. Echezona Etiaba SAN and others) alleging that the Justices had been compromised after receiving bribes through the instrumentality of Mr. Damian Dodo, SAN. In the midst of the bombshell that was unraveled in the courtroom on the said fateful day, the Honorable Justices seized the opportunity to maintain their innocence and further proceeded to recuse themselves from further hearing of the appeal.
We may recall that just before that unsavoury event, the Honourable President of the Court of Appeal, Monica Dongban-Mensem (JCA) made an order transferring appellate cases arising from the judgments of the various election petition tribunals in the 36 states of the country to the Abuja and Lagos divisions respectively for hearing and determination on the ground that she wanted to insulate the Justices sitting on election appeals, and to minimize the incidence of corrupt practices with respect to the said appeals.
We observed that the learned counsel representing the APC at the Imo governorship election tribunal shortly after the Court of Appeal made public the allegations, made a press release distancing himself from the allegations contained in the petition of his clients. Mr. Echezona Etiaba SAN clarified that the petition was written by the South-East Zonal Vice Chairman of the All Progressives Congress (APC).
NBA-SPIDEL also notes that Damian Dodo, SAN who was mentioned in the petition has since refuted the allegations made against him in the said petition.
Nonetheless, NBA-SPIDEL is shocked at the audacity of these very weighty allegations that were carelessly made against the Justices of the Court of Appeal and the Judiciary with so much bravado. This shock is more profound having regard to the barrages of similar letters and petitions alleging bribery and criminal compromise of judicial officers sitting over election petitions all over the country. The directive of the Hon. President of the Court of Appeal collapsing all election appeal panels into only the Abuja and Lagos Panels, which is founded on similar allegations against judicial officers seem to have unfortunately given some credence to rumours of corrupt practices influencing the decisions of election petition tribunals in the country.
The indices are obvious that the public has almost lost faith and confidence in the justice delivery system. The public perception is that election matters are mostly not resolved in accordance with the law nor guided by the principles of fairness.
As a section deeply concerned in upholding the tenets of justice, promoting the rule of law and defending the integrity of the judiciary, it will be an anathema for us to also play the ostrich, bury our heads in the sand and hypocritically believe that all is well by merely hoping that all is well and knowing that all is not well.
The truth, however, is that these kinds of allegations brazenly made against our Justices of the Court of Appeal, in broad daylight and in the public space, if not frontally and conscientiously addressed, will terminally erode the integrity of the judiciary and corrode the reverence accorded the courts, taint the judgments of the court and ultimately undermine democracy and the peace of the country.
Whilst it may appear that the denials, self-affirmation of good character vide press releases may have smothered the rage and the controversy, NBA-SPIDEL is of the opinion that, those are not sufficient and satisfactory in addressing the issues raised and arising from the petition. NBA-SPIDEL is not satisfied. Furthermore, we are inevitably compelled to presume that the unprecedented transfer of all appellate cases on elections to the Lagos and Abuja divisions of the Court of Appeal is only but a tacit admission that all is not well after all.
There is, therefore, an urgent need to effectively and effectually unravel the veracity or otherwise of the damaging allegations. Whether these allegations have any iota of truth in them or were merely the conjuring and stirrings of falsehood peddlers must be determined. SPIDEL strongly believes that an issue critical and fundamental to the sanctity of judgment, trust in the judicial process, and belief in the integrity and character of judicial officers deserves a thorough investigation.
In the light of the foregoing, SPIDEL therefore, unequivocally calls on the Inspector-General of Police, the Chairman of the Independent Corrupt Practices and other Related Offences Commission (ICPC) and other relevant agencies to invite the petitioner, the Vice Chairman, South-East Zone of the All Progressives Congress (APC) and urgently conduct thorough investigations into these allegations in order to unravel the truth. There must NEVER be a time, even in the litigant’s wildest imaginations to have doubts in the capacity of the Judiciary to effectively dispense justice without fear or favour, clear conscience and untainted robes and in accordance with the facts and the law presented before them.
The need to protect the judiciary from devious attacks, intimidation, blackmail and unproven allegations of corruption by unscrupulous politicians cannot be overemphasized. However, the judiciary itself is not above scrutiny in deserving instances, hence the need for a thorough investigation.
NBA-SPIDEL in consonance with all the above, is therefore vehemently against letting these grave allegations be swept under the rug. This resulting ugly perception will inevitably birth catastrophic consequences for the justice system cum legal profession in no distant time, if these allegations are left uninvestigated.
Dated this 26th day of October, 2023.
John Aikpokpo-Martins Funmi Adeogun
(Chairman) (Secretary)