Our attention has been drawn to the valedictory speech of Justice Okechukwu Okeke wherein he alleged that three Senior Advocates of Nigeria (SAN) including Femi Falana (SAN) wrote petitions against him to the National Judicial Council.
Our attention has been drawn to the valedictory speech of Justice Okechukwu Okeke wherein he alleged that three Senior Advocates of Nigeria (SAN) including Femi Falana (SAN) wrote petitions against him to the National Judicial Council.
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We wish to state, without any fear of contradiction, that contrary to Justice Okeke’s allegation we did not file any application on behalf of Dr. (Mrs) Cecilia Ibru before him or any other judge in the Federal High Court. The clients being represented by us are: 1. Engr. Chief Michael Afolabi Dada, (2) Engr. Charles Ndubuisi O. Amadi, (3) Mallam Lawan Sheikh Muhammad, (4) Mrs. Comfort Nduka Odili-Iwuafor and (5) Anthony Abiodun Abikoye who are employees of the Power Holding Company of Nigeria.
To that extent, neither Mr. Femi Falana (SAN) nor his Chambers wrote any petition against the retired Justice Okeke. However, the petition was written by our clients, the owners of the property lying and being at 5A George Street, Ikoyi, Lagos, who were illegally ejected therefrom through an ex parte order granted by Justice Okeke. Though, the petition did not emanate from our Chambers we fully agree with its contents for the following reasons:
1.The ex parte order granted in favour of Asset Management Corporation of Nigeria (AMCON) by Justice Okeke on 1st March, 2013 was for leave to apply for a writ of execution in a criminal case.
2.Our clients against whom Justice Okeke granted the ex parte order were not made parties to the criminal case in which the order for forfeiture emanated.
3.As a result of the ex parte order some of our clients were locked in the premises together with their properties before the house was sealed off by the Deputy Sheriff of the Court to the knowledge of Justice Okeke.
4.At the time Justice Okeke granted the ex parte order our clients had a pending civil Suit No: FHC/L/CS/832/2008 in the Federal High Court, Lagos Judicial Division.
5.Justice Okeke was the Administrative Judge at the material time who assigned the said civil suit to Honourable Justice Ofili Ajumogobia of the same judicial division.
6.The said suit has among other Defendants the Honourable Attorney-General of the Federation and one Michael Angelo Property Development Company Ltd. as Defendants.
7.Justice Okeke was aware of the said pending suit and the fact that our clients who were in occupation of the property at the material time were not connected in any way to Mrs. Cecilia Ibru who allegedly forfeited the property to the Federal Government.
8.When the application to discharge the ex parte order was argued by our Mr. Femi Falana SAN on March 15, 2013 Justice Okeke feigned ignorance of the pending civil suit in the Lagos Division of the Federal High Court.
9.After he had delivered his ruling on March 27, 2013 dismissing our clients’ application to discharge the ex parte order, Justice Okeke deliberately refused to release a copy of his ruling in order to frustrate our clients from appealing against it. Up till the time of his retirement a copy of the ruling was never made available to us in spite of our application which was submitted on March 29, 2013.
10.Apart from our clients’ petition there had been series of other petitions pending before the National Judicial Council alleging judicial misconduct against Justice Okeke. But for reasons best known to Justice Okeke he decided to single out our clients’ petition. Why did he not talk about the other petitions? The reason is because he wanted to use it for face saving before his retirement.
At this point, it is pertinent to note that the same Justice Okeke who dismissed our clients’ motion to discharge the interim order he gave in favour of AMCON on the ground that he was functus officio and who advised our clients to go on appeal turned round to frustrate the appeal by refusing to release a copy of his ruling. The judge also deliberately refused to give our clients any date to entertain our clients’ motion for leave to appeal and stay of further execution of the interim order.
Suffice it to say that Justice Okeke is lucky that he was only cautioned by the National Judicial Council before his retirement from the bench.
FALANA & FALANA’S CHAMBERS
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