December 30, 2008
RE: CA/A/163/M/06: CLETUS O. C. EZEREBO VS. SUNDAY GABRIEL EHINDERO & OTHERS- Cletus Ezerebo
Last View on Wed 31st December, 2008
Last Modified on Mon 14th July, 2008 10:51:42 am
Author: Posted by Admin Sahara
The Chairman
National Judicial Council (NJC)
Three Arms Zone
Abuja.
My Lord,
DELIBERATE DENIAL OF JUSTICE/WANTON MISCARRIAGE OF JUSTICE BY COURT OF APPEAL, ABUJA DIVISION. RE: CA/A/163/M/06: CLETUS O. C. EZEREBO VS. SUNDAY GABRIEL EHINDERO & OTHERS.
I am seriously constrained to bring to your notice, the deliberate act of denying me justice by the Court of Appeal, Abuja Division and in the process, subverted the constitution and openly miscarried justice.
My Lord, I am a poor Litigant/Appellant though, a police officer of the rank of a Chief superintendent of Police (CSP); at the time I brought the action. I was subjected to several acts of injustice, meanness and inhumanity by Mr. Sunday Gabriel Ehindero as the Inspector General of Police.
As a result, I commenced action in the Federal High Court (No.2) Abuja, presided over by Hon. Justice Stephen Adah against the illegal and unconstitutional extension of tenure of office for Mr. Ehindero as the “IGP”. Curiously, the High Court delivered a very perverse and disappointing ruling, holding that I did not have locus standi to bring the action and also, that I did not obtain prior approval from “IGP” Ehindero before suing Mr. Ehindero.
As a law-abiding citizen who cherishes civilized conduct and rule of law, I promptly and duly filed appeal against the decision of Hon. Justice Stephen Adah before the Court of Appeal Abuja. I pursued the appeal very vigorously and on the 5th day of February, 2007, the appeal was argued and their Lordships, reserved judgment. Under section 294 (1) of the 1999 constitution, their Lordships are constitutionally bound to deliver the reserved judgment within ninety (90) days. Sensing that the reserved judgment was not being delivered within time, I traveled to the Court of Appeal, Abuja on 22nd May, 2007 and protested against the non-delivery of the judgment in accordance with the constitution, whereupon, they reluctantly fixed the case on 4th June, 2007 for re-hearing.
On 4th June, 2007, we were in the court for the case, (re-hearing/judgment) but to my greatest amazement, they directed that the case should be adjourned to October 2007; whereupon, I went to the chambers to protest to the presiding Justice, Hon. Justice R. D. Mohammed that judgment was reserved in the case since 5th February, 2007. That to take the case to October, 2007 will simply defeat the ends of justice; and that at least, section 294 (5) of the constitution allows them to still deliver the judgment even where time has elapsed. He reluctantly, and very, very reluctantly directed that the case should be fixed for 14th day of June, 2007 since I was having a sister-case on that day.
On 14th June, 2007, Mr. Ehindero filed a motion before the court saying that the appeal has become academic since he has left the office. One wonders if there could still be a motion on a case in which judgment has been reserved for about five months ago. Thereafter, their Lordships became only interested in adjournments, and adjournments of the case as it was adjourned to 5th July, 2007; 16th October 2007; 20th November 2007; 4th February 2008 and 15th May 2008 when the motion was only argued and ruling was reserved.
I had however, in the interim, countered Mr. Ehindero’s academic motion because, the Supreme Court had clearly stated in the case of Plateau State Vs A.G. Federation (2006) 3 NWLR (Pt. 967) 346, that “a suit does not become academic simply because the thing that gave rise to the action is concluded”. Meanwhile, Mr. Ehindero has been sending his agents, both males and females, threatening me with dire consequences if I continue to pursue the case; while boasting of having the wherewithal to influence and compromise every body involved in the case.
My Lord, I was so shocked to hear just yesterday, that the Court of Appeal delivered its reserved ‘ruling’ on Thursday 19th June 2008, upholding Ehindero’s academic motion and dismissing my appeal as being academic. They deliberately refused and failed to deliver their reserved judgment since 5th February, 2007, about four months, and more than ninety days before Ehindero left office as the “Inspector General of Police”.
QUESTIONS! QUESTIONS!! QUESTIONS!!!
Firstly, assuming but not conceding, that the appeal has become academic; who caused it? The Court of Appeal caused it. Secondly, what becomes of Ehindero’s illegal and unconstitutional actions against me while on illegal extension of office? Thirdly, should I, a poor Litigant be made to suffer for the inaction, incompetence or negligence of the Court of Appeal. Fourthly, why did the Court of Appeal fail and /or refuse to deliver the judgment it reserved since 5th February 2007 within time, and also about four months before Ehindero left office as the “IGP” knowing that time was the essence of the appeal? Fifthly, by dismissing the appeal without delivering its reserved judgment, what becomes of the very perverse and disappointing ‘ruling’ of Justice Stephen Adah? Sixthly, did I not have the locus standi ab initio in the case yet, I am still suffering the effects of Ehindero’s wickedness against me? Seventhly, did I need prior approval of Mr. Ehindero to sue Mr. Ehindero? There is no doubt, my Lord, that I have been given a raw deal, and kangaroo justice by the Court of Appeal. My Lord, I am a responsible family man, a husband, a bread winner with many dependants, and a father of six children – young Nigerians of various school ages, whom “IGP” Ehindero maliciously and wickedly kept out of office and stopped his salary for three years now, yet the Court of Appeal says my appeal is academic.
Finally my Lord, in the light of the foregoing, it is my humble believe and serious contention, that those involved in this charade have abused their offices and judicial oath of upholding, protecting and defending the constitution. They have upheld the constitution in breach. I fervently pray therefore, that the Judicial Council (NJC) should treat this petition with the seriousness it deserves. From the actions of the Court of Appeal, one would come to the conclusion that their Lordships were waiting for the former IGP to say something, which is what they did. It is my turn today, we do not know whose turn it will be tomorrow.
Thanks and God bless.
I am,
Yours faithfully,
CLETUS O. C. EZEREBO, CSP.
Cc:
1. The President of the Senate
National Assembly
Abuja.
2. The Speaker
House of Representatives
National Assembly
Abuja.
Sirs,
Above is for your information and necessary actionss, please.
Last View on Wed 31st December, 2008
Last Modified on Mon 14th July, 2008 10:51:42 am
Author: Posted by Admin Sahara
The Chairman
National Judicial Council (NJC)
Three Arms Zone
Abuja.
My Lord,
DELIBERATE DENIAL OF JUSTICE/WANTON MISCARRIAGE OF JUSTICE BY COURT OF APPEAL, ABUJA DIVISION. RE: CA/A/163/M/06: CLETUS O. C. EZEREBO VS. SUNDAY GABRIEL EHINDERO & OTHERS.
I am seriously constrained to bring to your notice, the deliberate act of denying me justice by the Court of Appeal, Abuja Division and in the process, subverted the constitution and openly miscarried justice.
My Lord, I am a poor Litigant/Appellant though, a police officer of the rank of a Chief superintendent of Police (CSP); at the time I brought the action. I was subjected to several acts of injustice, meanness and inhumanity by Mr. Sunday Gabriel Ehindero as the Inspector General of Police.
As a result, I commenced action in the Federal High Court (No.2) Abuja, presided over by Hon. Justice Stephen Adah against the illegal and unconstitutional extension of tenure of office for Mr. Ehindero as the “IGP”. Curiously, the High Court delivered a very perverse and disappointing ruling, holding that I did not have locus standi to bring the action and also, that I did not obtain prior approval from “IGP” Ehindero before suing Mr. Ehindero.
As a law-abiding citizen who cherishes civilized conduct and rule of law, I promptly and duly filed appeal against the decision of Hon. Justice Stephen Adah before the Court of Appeal Abuja. I pursued the appeal very vigorously and on the 5th day of February, 2007, the appeal was argued and their Lordships, reserved judgment. Under section 294 (1) of the 1999 constitution, their Lordships are constitutionally bound to deliver the reserved judgment within ninety (90) days. Sensing that the reserved judgment was not being delivered within time, I traveled to the Court of Appeal, Abuja on 22nd May, 2007 and protested against the non-delivery of the judgment in accordance with the constitution, whereupon, they reluctantly fixed the case on 4th June, 2007 for re-hearing.
On 4th June, 2007, we were in the court for the case, (re-hearing/judgment) but to my greatest amazement, they directed that the case should be adjourned to October 2007; whereupon, I went to the chambers to protest to the presiding Justice, Hon. Justice R. D. Mohammed that judgment was reserved in the case since 5th February, 2007. That to take the case to October, 2007 will simply defeat the ends of justice; and that at least, section 294 (5) of the constitution allows them to still deliver the judgment even where time has elapsed. He reluctantly, and very, very reluctantly directed that the case should be fixed for 14th day of June, 2007 since I was having a sister-case on that day.
On 14th June, 2007, Mr. Ehindero filed a motion before the court saying that the appeal has become academic since he has left the office. One wonders if there could still be a motion on a case in which judgment has been reserved for about five months ago. Thereafter, their Lordships became only interested in adjournments, and adjournments of the case as it was adjourned to 5th July, 2007; 16th October 2007; 20th November 2007; 4th February 2008 and 15th May 2008 when the motion was only argued and ruling was reserved.
I had however, in the interim, countered Mr. Ehindero’s academic motion because, the Supreme Court had clearly stated in the case of Plateau State Vs A.G. Federation (2006) 3 NWLR (Pt. 967) 346, that “a suit does not become academic simply because the thing that gave rise to the action is concluded”. Meanwhile, Mr. Ehindero has been sending his agents, both males and females, threatening me with dire consequences if I continue to pursue the case; while boasting of having the wherewithal to influence and compromise every body involved in the case.
My Lord, I was so shocked to hear just yesterday, that the Court of Appeal delivered its reserved ‘ruling’ on Thursday 19th June 2008, upholding Ehindero’s academic motion and dismissing my appeal as being academic. They deliberately refused and failed to deliver their reserved judgment since 5th February, 2007, about four months, and more than ninety days before Ehindero left office as the “Inspector General of Police”.
QUESTIONS! QUESTIONS!! QUESTIONS!!!
Firstly, assuming but not conceding, that the appeal has become academic; who caused it? The Court of Appeal caused it. Secondly, what becomes of Ehindero’s illegal and unconstitutional actions against me while on illegal extension of office? Thirdly, should I, a poor Litigant be made to suffer for the inaction, incompetence or negligence of the Court of Appeal. Fourthly, why did the Court of Appeal fail and /or refuse to deliver the judgment it reserved since 5th February 2007 within time, and also about four months before Ehindero left office as the “IGP” knowing that time was the essence of the appeal? Fifthly, by dismissing the appeal without delivering its reserved judgment, what becomes of the very perverse and disappointing ‘ruling’ of Justice Stephen Adah? Sixthly, did I not have the locus standi ab initio in the case yet, I am still suffering the effects of Ehindero’s wickedness against me? Seventhly, did I need prior approval of Mr. Ehindero to sue Mr. Ehindero? There is no doubt, my Lord, that I have been given a raw deal, and kangaroo justice by the Court of Appeal. My Lord, I am a responsible family man, a husband, a bread winner with many dependants, and a father of six children – young Nigerians of various school ages, whom “IGP” Ehindero maliciously and wickedly kept out of office and stopped his salary for three years now, yet the Court of Appeal says my appeal is academic.
Finally my Lord, in the light of the foregoing, it is my humble believe and serious contention, that those involved in this charade have abused their offices and judicial oath of upholding, protecting and defending the constitution. They have upheld the constitution in breach. I fervently pray therefore, that the Judicial Council (NJC) should treat this petition with the seriousness it deserves. From the actions of the Court of Appeal, one would come to the conclusion that their Lordships were waiting for the former IGP to say something, which is what they did. It is my turn today, we do not know whose turn it will be tomorrow.
Thanks and God bless.
I am,
Yours faithfully,
CLETUS O. C. EZEREBO, CSP.
Cc:
1. The President of the Senate
National Assembly
Abuja.
2. The Speaker
House of Representatives
National Assembly
Abuja.
Sirs,
Above is for your information and necessary actionss, please.
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