Retiring Justice Okechukwu Joseph Okeke of the Federal High Court has said in a valedictory speech that underlines the fault lines in Nigerian justice that he would like to be remembered as a victim of the Nigerian judiciary.
Retiring Justice Okechukwu Joseph Okeke of the Federal High Court has said in a valedictory speech that underlines the fault lines in Nigerian justice that he would like to be remembered as a victim of the Nigerian judiciary.
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In an address to the court in Lagos on Monday, the judge, who was appointed to the bench in 1992, looked back on his 20 years as judge with gratitude to God for seeing him through the vicissitudes of his judicial life in the country.
“I wish to place on record for posterity to the issue that was awash in both the electronic and print media on 26th and 27th April, 2013 of my travail,” he told the audience. “This issue was that the National Judicial Council had issued a serious warning to Hon. Justice Okechukwu Okeke of the Federal High Court of Nigeria over various petitions written against him. I hereby publicly state that I am the said JUSTICE OKECHUKWU JOSEPH OKEKE of the Federal high Court of Nigeria.”
Identifying the specific petitions, which he said were written by Senior Advocates of Nigeria for their clients, and listed in the agenda of the meeting of the National Judicial Council held on April 24 and 25, 2013, he pleaded with the NJC “in the interest of justice and the benefit of the citizens” of Nigeria to publish them along with his responses to them in any national newspaper, unedited, to enable Nigerians form their opinion on the merit or demerit of the said petitions.
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Justice Okeke spoke about his travails beginning with an application filed by the Asset Management Corporation of Nigeria (AMCON) in Charge No. FHC/L/297C/2009: FEDERAL REPUBLIC OF NIGERIA VS DR. (MRS) CECILIA IBRU, in which the corporation applied for a writ of execution concern Federal Government properties listed as No. 1 – No.27 in Schedule VI of the official Gazette No.94 Volume 98 (Exhibit MSU 2, arising from the forfeiture judgement of Justice DD Abudu in October 2010.
The case was argued on March 1, he said, and satisfied that a case has been made for the exercise of the Court’s discretion in favour of the applicant, the application was granted.
“On 6th March, 2013, I received a call from the Honourable Chief Judge of the Federal High Court that Honourable Justice Clara Ogunbiyi of Supreme Court of Nigeria was furious with me for granting leave to Asset Management Corporation of Nigeria which led to the ejection of her daughter and son in-law from No.5A George Street, Ikoyi, Lagos.”
That was followed the following day, March 7, by a legal application for the order to be set aside.
That was followed the following day, March 8, by a visit by Funke Ogunbiyi. “She introduced herself as a daughter of Honourable Justice Clara Ogunbiyi of Supreme Court of Nigeria, and she was living with her husband at No.5A GEORGE STREET, IKOYI, LAGOS. That her mother Honourable Justice Clara Ogunbiyi directed her to tell me to discharge the Order of 1st March, 2013 as there was no basis for the Order.”
Justice Okeke said he advised her that since they had filed the Motion on Notice for the setting aside the Order of 1st of March, 2013, their Counsel should meet the Registrar of the Court for a date for their Motion.
In his ruling on March 27, Justice Okeke held that in view of the order of Hon. Justice Saliu Saidu on February 13 striking out the name of AMCON as a defendant in Suit No. FHC/L/CS/1346/2010, the Judgment Creditor/Respondent did not suppress the pendency of any suit, and that execution had been levied. He therefore dismissed the application to set aside the order he had previously made on March 1, and advised the Interveners/Applicants to take their case to the Court of Appeal.
“Hell was let loose on me. The Interveners/Applicants and their Counsel wrote a petition against me which they back dated 18th March 2013 to the National Judicial Council.”
This, Justice Okeke explained, formed the background to the stories in the media on April 26 and 27 2013 claiming that he had been “seriously warned.”
The judge then published two different letters dated May 21, 2013 that he received from the NJC. The first one seriously warning him to “desist from such acts that are prejudicial to the integrity of the Judiciary and the administration of Justice.”
The other, referring to his notice of retirement dated January 29, 2013 in which he notified the NJC of his retirement Service of Federal Judiciary, with effect from 19th May, 2013, when he would have attained the retirement age of 65 years, wished him “happy retirement, after putting in years of dedicated and meritorious service to particularly the Federal Judiciary.”
Reviewing these facts, Justice Okeke reiterated his faith in God. “If not for His Love, care and protection, some powerful elements in Nigeria who blocked my progress in the judiciary would have succeeded in their evil plot to disgrace me out of the judiciary,” he said.
He also gave thanks to a broad spectrum of people in his professional life, as well as members of his family.
“They all believe in my honour and integrity,” he told the audience, pointing out that each time a petition was written against him on concocted stories they stood by him like the Rock of Gibraltar. “They were my advisers and financial backbone in the course of my judicial career…If I come to this world again I pray that the almighty God bless me with such highly dependable and resourceful parents, brother and sister.”
Of his career, he said, “As I bow out I will like to be remembered as a victim of injustice in the Nigerian judiciary.”
SaharaReporters has not been able to confirm from the NJC if it will publish the full text of the petitions it received about Justice Okeke, as he has requested, as well as his written responses to them.
Full text of the speech:
ADDRESS OF THE HONOURABLE JUSTICE OKECHUKWU JOSEPH OKEKE, (KNIGHT OF SAINT PAUL) ON THE VALEDICTORY COURT SESSION OF FEDERAL HIGH COURT OF NIGERIA IN HIS HONOUR HELD ON MONDAY, THE 27TH DAY OF MAY, 2013 AT THE LAMBO HALL, FEDERAL HIGH COURT COMPLEX, IKOYI, LAGOS.
My Lord, The Honourable Justice Ibrahim Ndahi Auta, OFR, FCI.Arb, The Chief Judge of Federal High Court,
Distinguished Ladies and Gentlemen.
First and foremost, I give thanks to the almighty God for His grace and guidance that sustained me from birth till now, more particularly through the vicissitudes of my judicial life in Nigeria. If not for His Love, care and protection, some powerful elements in Nigeria who blocked my progress in the judiciary would have succeeded in their evil plot to disgrace me out of the judiciary. To Him I ascribe all honour and praise. May His name be glorified for ever and ever, Amen.
I welcome you all, who in spite of your busy schedule still found time to attend this rescheduled valedictory session in my honour.
My beloved parents the late Chief Joseph Ikeokwu Okeke and the late Mrs. Christiana Nwanyioye Okeke brought me up in the strict Anglican family life. The provided for me from primary school education to university level. My school fees were promptly paid and my welfare adequately catered for. They instilled discipline, hardwork and love in their children and dependants. We still live as a family and everyday of our life, we give glory to God for all mercies seen and unforeseen.
My teachers were simply wonderful and dedicated. Without them I doubt what I would have become. Specific mention must be made of the late Rev. Canon H.D.O. Chiwuzie, my Principal at Anglican Grammar School (now Oraukwu Grammar School) Oraukwu, and the late Mr. B.E. Okon, my Principal at Hope Waddell Training Institution, Calabar. Professor C.O. Okonkwo SAN, the late professor G.O. Ezejiofor SAN, Professor D. Ewelukwa, the late Hon. Justice (Prof.) Okay Achike JSC, CON, the late Chief C.O. Akpamgbo, SAN, Hon Justice
Tony Ezeani, J.H.C Okolo SAN, the late Professor Chijioke Ogwurike and Chiobi Ekpechi, Esq all of whom taught me law. I owe them immense gratitude. Barrister E.I. Odoma of E.I. Odoma and Co., 12 Beach Road, Jos in whose Chambers I served by one year compulsory service of the National Youth Service Corps. He took me as a brother and made my service year enjoyable and memorable. May his noble soul continue to rest in peace.
Honourable Justice Francis Omenye Nwokedi, the late Hon. Justice T.C Umezinwa, the late Hon. Justice Obumneme Onwuamaegbu, Hon. Justice Francis Awogu, Hon. Justice H.C. Olike, Hon. Justice Obiora Nwazota, the late Hon. Justice Byron Onyeama, Hon. Justice J.G.O. Aneke and Hon. Justice G.U. Ononiba, OFR all encouraged me as a legal practitioner. Honourable Justice Anthony Ikechukwu Iguh, JSC CON remains my judicial father in the course of my career as a legal practitioner and judicial officer. Thank each and every one of them for their positive roles in my life.
My judicial career started on 9th November, 1992 when I was appointed a Judge of the Federal High Court of Nigeria by His Excellency General Ibrahim Badamosi Babangida GCFR President Commander in Chief of the Armed Forces of Nigeria. I thank him for giving me the opportunity to serve my country as a judicial officer.
On the 23rd day of December, 1992, I was sworn in by the late Honourable Justice Mohammed Bello, the Chief Justice of Nigeria. He advised that progress in the judiciary would be based on hard work and integrity, and not by godfatherism or whom you know or other connections.
In the Federal High Court of Nigeria, I pay special tribute to the late Honourable Justice Mohammed Babatunde Belgore, an astute administrator and erudite jurist who gave confidence and hope to all his judges. May his soul continue to rest in peace. He was a father figure. Honourable Justice R. N. Ukeje, OFR, who created many judicial Divisions of the Federal High Court including yenagoa, Bayelsa State.
Honourable Justice Abdulahi Mustapha OFR, FCI.Arb, the Chief Judge who restored the pride of Judges of the Federal High Court. Honourable Justice Dan D. Abutu OFR, FCI.Arb, an understanding Chief Judge, may the Almighty God continue to bless him, Honourable Justice Ibrahim Ndahi Auta OFR, FCI.Arb, the Chief Judge who sustained the effort of affording all Judges equal opportunity to attend foreign and local courses and seminars. May the Almighty God strengthen, bless, guide and protect him and all members of his family.
My other colleagues on the Bench of the Federal High Court have been fantastic. It has been a great pleasure working with them. I will not fail to specifically mention Hon. Justice Abubakar Abdulkadir Jega JCA, Hon Justice A. Abdullahi Babandi Gumel JCA, Hon Justice Halidu Tanko Soba (Retired), Hon Justice J. Tsoho, the late Hon. Justice Chukwura Nnamani, Hon. Justice Lambo Akanbi, and Hon. Justice P.I. Ajoku who on different occasions during my trial periods which included intimidations and harassment between 2003 and December, 2007 encouraged me. They gave me words of inspiration, boosting my morale and made me to shelve my plan of premature retirement. To each of them I say thank you.
The staff of the Court are worthy of working with, but specifically Mr Bello Okandeji current Deputy Chief Registrar in Lagos, Mr M. A. David, Barrister E.C. Onyekwere, Mrs. Rebecca Ogidikpe, Mr. Tari Bubaraye Timinitokoni, Mr. Yemi Alayaki, Mr. Rasag Sule, Mrs. Franca Ikeazota, Mr Emmanuel C. Chukwuma, Barrister Hussaini Dadan-Garba, Mrs. Helen Ogunleye, Mrs. Susan C. Mozue, Mrs. Ifeoma okafor and Mrs. Nkanga Imaobong who worked with me in different divisions. They are very reliable, hardworking and trustworthy. I thank each of them.
My brothers and sister Engineer B.A.C. Okeke, Consultant Electrical Engineer; Sir Iloka A. Okeke, retired Director of Agriculture, Anambra State, Mr. S.E. Okeke retired Assistant General Manager, First Bank of Nigeria plc, Chief (Sir) Dr. G.U. Okeke MON, Chairman/Chief Executive G.U.O Group of Companies, Chief Chinedu D. Okeke, businessman and Chief (Mrs) Ifeyinwa E. Ekwenze, business mogul. They all believe in my honour and integrity. Each time a petition was written against me on concocted stories they stood by me like the Rock of Gibraltar. They were my advisers and financial backbone in the course of my judicial career. I thank them all. If I come to this world again I pray that the almighty God bless me with such highly dependable and resourceful parents, brother and sister.
My wife Lade Uche C. Okeke and children Barrister Nnamdi Isa Okay-Okeke, Mr. Chigozie Nwabueze Okay-Okeke, Barrister (Mrs) Adaobi Nneamaka Nduaguba, Barrister (Mrs) Obianuju Nwakaego Ezeamama and Miss Uchenna Ijeabalum Okay-Okeke appreciated my predicament as a Judge of the Federal
High Court who was subject to normal transfers and punitive transfer. They missed my company, but their comfort was never compromised. Even when some mischief makers carried a wicked story that I abandoned my family at Onitsha, my wife and children dismissed the story, and encouraged me to continue my herculean judicial duties. I thank them all for their prayers and support, God bless you all.
I served in the Federal High Court in the following Divisions to wit:
1. Lagos (January to December 1993)
2. Kaduna (January 1994 to September, 1997) as the pioneer Judge
3. Lagos (October 1997 to September, 2000).
4. Abuja (October 2000 to December, 2002).
5. Yenagoa (January 2003 to March, 2008) as the pioneer Judge.
6. Lagos (April, 2008 to 18th May, 2013) when I retired as provided by
Constitution of the Federal Republic of Nigeria 1999 (as Amended).
I thank all learned counsel and people of goodwill who appeared before me for their understanding.
As I bow out of office with my head high and fulfilled, I give glory to Almighty God.
I find solace in the Hymns Ancient and Modern 301 by John Bunyan:
1. He that is down needs fear no fall,
He that is low no pride;
He that is humble ever shall
Have God to be his guide.
2. I am content with what I have,
Little be it or much;
And, Lord, contentment still I crave,
Because thou savest such.
3. Fullness to such a burden is
That go on pilgrimage;
Here little, and hereafter bliss,
Is best from age to age.”
I wish to place on record for posterity to the issue that was awash in both the electronic and print media on 26th and 27th April, 2013 of my travail. This issue was that the National Judicial Council had issued a serious warning to Hon. Justice Okechukwu Okeke of the Federal High Court of Nigeria over various petitions written against him. I hereby publicly state that I am the said JUSTICE OKECHUKWU JOSEPH OKEKE of the Federal high Court of Nigeria.
It is pertinent to state that these petitions are to wit:
1. SUIT NO. FHC/L/CP/1405/2011: Chief Anthony Obinwa V. Alhaji Olapade Olagunju Mohammed & ors. The petitions dated 20th December, 2011 and 29th December, 2011 were drafted by a learned Senior Advocate of Nigeria who is a member of the National Judicial Council for his clients.
2. FHC/L/CS/1132/2008: The Institute of Certified Teachers (Limited by Guarantee) & Ors V. Teachers Registration Council of Nigeria & Anor. The petition was drafted by a Senior Advocate of Nigeria for his clients.
3. SUIT NO. FHC/L/CS/145/2012: Alhaji Kashim Ibrahim Iman Vs First Guarantee Pension Limited & Ors. This Petition was drafted by a Senior Advocate of Nigeria for his client.
The aforementioned petitions were listed in the agenda of the meeting of the National Judicial Council held on 24th and 25th April, 2013.
I plead with the National Judicial Council in the interest of justice and the benefit of the citizens of this great Country Nigeria to publish in any National Newspaper unedited the said petitions and my responses to them.
Such publication will be in compliance with the provisions of the Freedom of Information Act, and afford the citizens the opportunity to form their opinion on the merit or demerit of the said petitions.
My travail is the application filed by the Asset Management Corporation of Nigeria in Charge No. FHC/L/297C/2009: FEDERAL REPUBLIC OF NIGERIA VS DR. (MRS) CECILIA IBRU.
On 28th day of February, 2013 Asset Management Corporation of Nigeria applied for
“AN ORDER, granting leave to the Applicant to apply for the issuance of a writ of execution (possession) by the Registrar of this Honourable Court in respect of all those Federal Government properties listed as No. 1 – No.27 in Schedule VI of the official Gazette No.94 Volume 98 (Exhibit MSU 2, being part of the properties forfeited to the Applicant by the Respondent vide the Order of Honourable Justice D.D. Abutu delivered in this matter on 8th October, 2010”.
On 1st March, 2013, the application was argued. I was satisfied that a case has been made out for the exercise of the Court’s discretion in favour of the applicant. The said application was granted as prayed.
On 6th March, 2013, I received a call from the Honourable the Chief Judge of the Federal High Court that Honourable Justice Clara Ogunbiyi of Supreme Court of Nigeria was furious with me for granting leave to Asset Management Corporation of Nigeria which led to the ejection of her daughter and son in-law from No.5A George Street, Ikoyi, Lagos. I explained the position to him. In his characteristic policy of non interference with his judges in the discharge of their duties, he advised me to hear any application for discharge of the Order of 1st March 2013 whenever filed.
On the 7th day of March, 2013, Engr. (Chief) Michael Afolabi Dada, Engr. Charges Ndubuisi O. Amadi, Mallam Lawan Sheikh Muhammad, Mrs Comfort Nduka Odili-Iwuaor, and Mr. Anthony Abiodub Abikoye as INTERVENERS/APPLICANTS applied for:
“1. AN ORDER setting aside the Order of this Honourable Court made on the 1st day of March, 2013 granting leaving to the Judgment Creditor/Respondent to appy for the issuance of a writ of execution (possession) in respect of No.5A GEORGE STREET, IKOYI, LAGOS STATE.
2. AN ORDER setting aside the execution levied on the property on 6/3/2013 based on the said Order of this Honourable Court issued the 1st day of Marc, 2013.
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3. AN ORDER restraining the Judgment Creditor/Respondent and the Deputy Sheriff from taking further steps and/or lving further execution pending the determination of all pending suits in respect of the above subject matter”.
On 8th day o March 2013, one Funke Ogunbiyi came to my Chambers at about 9.0 am completed the visitor’s form in which she stated her address as No5A GEORGE STREET, IKOYI, Lagos AND Phone No. 08099912659. She was led into the Chambers. She introduced herself as a daughter of Honourable Justice Clara Ogunbiyi of Supreme Court of Nigeria, and she was living with her husband at No.5A GEORGE STREET, IKOYI, LAGOS. That her mother Honourable Justice Clara Ogunbiyi directed her to tell me to discharge the Order of 1st March, 2013 as there was no basis for the Order. I advised her that since they have filed the Motion on Notice for the setting aside the Order of 1st of March, 2013 that their Counsel should meet the Registrar of the Court for a date for their Motion.
It is pertinent to reproduce paragraph 5 of the affidavit of urgency and paragraph 21 of the main affidavit in support of their Motion on Notice dated 7th March, 2013 in which Mr Anthony abiodun Abikoye (the 5th Intervener/Applicant) deposed thus:
“That the Judgment Creditor/Respondent did not disclose the pending suits and the motion for interlocutory injunction to this Honourable Court”.
In ground C of the application to set aside the Order of 1st March, 2013, the Interveners/Applicants’ Counsel Chukwuma Onwuemene Esq. of FALANA & FALANA’S CHAMBERS STATED thus:
“While the Attorney General of the Federation was joined as a Defendant in the SUIT NO: FHC/L/CS/640/2008, the Judgment Creditor upon its creation was joined as a party SUIT NO: FHC/L/CS/1346/2010, but the latter surreptitiously concealed the facts of the pendency of the suits from this Honourable Court”.
The Judgment Creditor/Respondent (Assets Management Corporation of Nigeria) in its counter affidavit of 14th March, 2013 sworn to by Jegbefume Oberaifo, a legal practitioner at Lexavier partners, Counsel to the Judgment Creditor/Respondent deposed in paragraph 3(h) thus:
“The Respondent is not party to Suit No: FHC/L/CS/1346/2010 as it was joined as a party and immediately struck off from same vide an Order of this Honourable Court dated 13th February, 2013. A copy of the Order dated 13th February, 2013 striking out the Respondents name from the aforementioned suit is herewith attached and marked as Exhibit MSU 3”.
On 27th day of March, 2013, in my Ruling I held that in view of the Order of my learned brother Hon. Justice Saliu Saidu made on 13th February, 2013 striking out the name of Asset Management Corporation of Nigeria as a defendant in Suit No. FHC/L/CS/1346/2010 THAT THE Judgment Creditor/Respondent did not suppress the pendency of any suit, and that execution had been levied.
I therefore dismissed the application to set aside the Order I made on 1st March, 2013, and advised the Interveners/Applicants to take their case to the Court of Appeal.
Hell was let loose on me. The Interveners/Applicants and their Counsel wrote a petition against me which they back dated 18th March 2013 to the National Judicial Council. In paragraph 16 of the said petition they stated thus:
“The Order for our ejection from our property was made by the Honourable Justice Okeke in spite of the knowledge of the pending suits by his Lordship and the AMCON’S Counsel, Mr. Francis Chuka Agbu SAN”.
The National Judicial Council by letter reference No. NJC/F.3/FHC.5/1/675 dated 5th April, 2013 forwarded the said petition to me for my comments within one month from the date of receipt of the letter. The letter was received at 10.00am on 18th April, 2013. Knowing fully well that the National Judicial Council was to meet on the 24th and 25th April, 2013 and that I had in January, 2013 given the Council notice of my retirement from service with effect from 19th May, 2013, I worked on Saturday and Sunday 20th and 21st April, 2013 to respond to the petition. My response reached the National Judicial Council on Monday the 22nd day of April, 2013.
This is my story on the so called petitions for which I was seriously worned in the electronic and print media on 26th and 27th of April, 2013.
However, on Tuesday, the 21st day of May, 2013, I received letter reference No. NJC/F.3/FHC.3/1/679 dated 6th May, 2013 from the National Judicial Council paragraph 2 of which reads thus:
“The National Judicial Council at its Meeting which was held on 24th and 25th April, 2013 noted the various petitions and your responses to same. At the end of deliberation, Council decided to seriously warn you to desist from such acts that are prejudicial to the integrity of the Judiciary and the administration of Justice when handling the cases that are brought before you in future, please”.
On the same Tuesday, 21st day of May, 2013 I also received letter reference No.NJC/RJO/1/304 dated 13th May, 2013 captioned and reads thus:
“RE: NOTICE OF RETIREMENT
Reference your letter dated 29th January, 2013 in which you notified the national Judicial Council of your retirement Service of Federal Judiciary, with effect from 19th May, 2013, when you will attain the Constitutional retirement age of 65 years.
2. The National judicial Council had at its recent Meeting, which was held on 24th and 25th April, 2013 deliberated on the subject matter and noted your retirement from Service with the effect from the afore-stated date.
3. Further, Council wishes you happy retirement, after putting in years of dedicated and meritorious service to particularly the Federal Judiciary”.
As I bow out I will like to be remembered as a VICTIM OF INJUSTICE IN THE NIGERIAN JUDICIARY.
Thanks, May the Almighty God bless you all.
NIGERIA WILL BE GREAT.
OKECHUKWU JOSEPH OKEKE
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