Inibehe Effiong: Enough of the Attacks on Akwa Ibom State and its Judiciary
By Stephen Abia, Esq
Against Rule 33 of the Rules of Professional Conduct of Legal Practitioners which forbids the publication of matters that are pending in court, the media is currently embarrassingly awash with copies of court processes expressly indicating a legal duel instituted by a group of lawyers led by Femi Falana, SAN, against the person of Honourable Justice Ekaette Fabian Obot, Chief Judge of Akwa Ibom State.
I am deeply grieved by the continuous projection of the state and the State Judiciary in negative lights by persons who are deliberately out to drag the reputation of the people of Akwa Ibom State in the mud. This sad situation has persisted since the takeover by Inibehe Effiong of a libel suit involving Mr. Leo Ekpenyong and the Governor of Akwa Ibom State.
Since wise counsel must prevail at all times, I have chosen not to be neutral, but to correct misrepresentations and falsehoods peddled by elements who do not have the interest of our people at heart.
It would be recalled that on the 27th of July, 2022, Mr. Inibehe Effiong, counsel to Mr. Leo Ekpenyong in the said libel case earned a 30-days conviction for contempt in the face of the court following his unfortunate displays of gross disrespect towards the court. This rare incident has triggered an avalanche of reactions, misrepresentations and uninformed views from various quarters, one of such being the institution of a legal matter by a group of lawyers against the Chief Judge of Akwa Ibom State, in person.
Without any equivocation, it should be on record that the said legal processes adorning the media space are completely misplaced. While we sympathize with Mr. Inibehe Effiong on his predicament, Mr. Femi Falana and Co. need to be reminded that Mr. Effiong is not under detention of any sort, rather, serving a jail or prison term. Having made the instant conviction, the Judge is naturally functus officio on that matter. Is fundamental Right Enforcement the appropriate option at this point? Is it not common-sensical that the rights of a convict terminates the moment he is convicted, and would only be exhumed on appeal? The current move is, summarily, an abuse of the court process.
The allegation that the Chief Judge has refused to release the Certified True Copy of the court proceedings is clearly only within the imagination of the speculators.
Lawyers know the realities on the ground and know how to get court proceedings. It is the usual practice that the Chief Judge is under a legal obligation to give his ruling to the Assistant Court Registrar for certification to the applicants. I am sure Inibehe’s case cannot be an exception. The questions one would naturally ask at this point are: Is the Chief Judge responsible for the issuing of CTCs of judgments? Was there any express order from the Chief Judge denying access to the proceedings? Can we not, therefore, see that this is clearly an administrative function?
Why the lawyers led by Falana, SAN, are out to sue the Akwa Ibom State Chief Judge beats one’s imagination. Was it right for the young lawyer to question the constitutional majesty of the court? We are even so moved to ask whether judges in Yoruba land are usually sued for delivering judgments when such are not in favour of a certain party, or is Akwa Ibom state the Guinea Pig for wrong precedents.
The media-hype-style of litigation commonly associated with some lawyers at the point of filing proceedings, and nothing more, is only meant to deceive the masses and laymen, and again, play to the gallery.
The truth we need to tell ourselves is that Mr. Inibehe Effiong has 90 days to Appeal against the judgment. That is the law. So, why this suit against the State Chief Judge? Again, lawyers know that the fact that you have filed an appeal in less than one month does not guarantee that the appeal will be heard immediately. We know this truth. We know the reality in appellate practice. This hullabaloo about this matter is, therefore, a storm in the teacup, or trying to make a mountain out of a molehill! It serves only to impress the public.
I wish to, therefore, call on those poised on the attempt to belittle our state and people, to look elsewhere. An Akwa Ibom person is known for undoubted integrity and humility which should never be taken for granted.