NBA-NEC Emergency Meeting: Raid of Odili JSC: NBA Private Investigator, Ubani, Exonerates Magistrate Who Signed The Search Warrant
The former 1st Vice-President of the Nigerian Bar Association and current Chairman of the Nigerian Bar Association Section on Public Interest and Development Law, Mr. Monday Ubani, has exonerated the Magistrate who issued search warrant that led to the October 29 raid on the Maitama, Abuja, residence of a judge of the Supreme Court, Hon. Justice Mary Peter-Odili.
Recall that the NBA President, Olumide Akpata, on November 5, 2021 appointed Monday Ubani to serve as the NBA’s special investigator to unmask those behind the attack on Odili’s home and to ensure that these individuals are made to face the law.
In a report being presented before the ongoing emergency meeting of the NBA National Executive Council, Ubani said the Magistrate took extra steps on documentation.
“The Chief Magistrate should be cautioned to be more circumspect whenever signing processes that may be subjected to abuse. There were red flags inherent in the affidavit and inconsistencies that should have put him on enquiry and made him to be a bit more careful before signing the Search Warrant.
“The Chief Magistrate is exonerated of any serious misconduct as he took extra measures on documentations.”
According to Ubani, the Magistrate not only demanded Application Letter but got affidavits duly sworn to at the FCT High Court by the whistle-blower and the alleged policeman. He also demanded the Identity Card of CSP Ajodo who claimed to be the O/C Assets Recovery Investigation Team of the Federal Ministry of Justice, FCT, Abuja.
“These demands appear diligent on his part. The fact that he took proactive steps to set aside his order, knowing fully the illegal use to which the order could be put, is another exculpating ground for him.” Ubani said
The human rights lawyer explained that even Honourable Justice Odili, the victim of the raid, made case for the Magistrate because the Magistrate took extra measures in demanding proper documentation.
He said, “It is noteworthy that the victim, Hon. Justice Mary Odili also made a case specifically for the Chief Magistrate when she interfaced with me and other members of the team. She was of the view that Chief Magistrate Emmanuel Iyanna took extra measures in demanding proper documentations, moreso as many of such orders obtained in the magistracy are often obtained without proper documentation. His Lordship was impressed at the steps the Chief Magistrate took to keep proper documentation of what he needed and signed, contrary to widespread practice of poor documentation of such processes.”
Ubani therefore recommended that the Magistrate has not committed any grievous Act. That the Magistrate, who is already on suspension, should just be remanded and be recalled to duty.
“In the circumstance, my recommendation is that His Honour has not committed any grievous act in this saga that should warrant a heavy penalty. I am informed that he is presently on suspension from carrying out any judicial function.
“It is recommended that the Chief Magistrate be reprimanded and recalled to his duty post, with a warning that he must to be more circumspect in the future to avoid situations like the one he found himself.” Ubani said
