Effiong, an activist and lawyer, is serving a one-month prison sentence for alleged contempt of court after asking Obot to recuse herself from a case she’s handling.
A human rights lawyer, Inibehe Effiong has dragged the Chief Judge of Akwa Ibom, Ekaette Obot before a Federal High Court over her refusal to make a copy of her judgement used in convicting him available.
Effiong, an activist and lawyer, is serving a one-month prison sentence for alleged contempt of court after asking Obot to recuse herself from a case she’s handling.
The human rights lawyer, who is also the National Legal Adviser of the African Action Congress (AAC), was in court to defend Leo Ekpenyong, a lawyer, in a libel suit filed by Udom Emmanuel, governor of Akwa Ibom.
Meanwhile, the illegal imprisonment has attracted condemnation from civil society organisations and many Nigerians.
On August 3, the Nigerian Bar Association said the lawyer was not given fair hearing before he was sent to prison by the judge, and the organisation threatened to petition the judge at the National Judicial Council (NJC).
In the suit marked, FHC/117/FHA/170/22, the activist said the failure of Obot to release the judgment despite repeated applications by him has denied him the opportunity to appeal against her judgment.
The suit was filed by his lawyers, Femi Falana (SAN), Adeyinka Olumide-Fusika (SAN), John Aikpokpo Martins, Monday Ubani, Olakunle Edun, Funmi Falana, Femi Adeborisade, Taiwo Olawanle, Nsikak Akai, Augustine Asuquo, SM Oyeghe, EE Philip, Joseph Eleh, Falana and Falana’s Chamber on August 15.
“1. A DECLARATION that the Applicant who was jailed on July 27, 2022 by the Akwa Ibom State High Court presided order by the Respondent on account of contempt of court is entitled to a copy of the judgment within seven days of the conclusion of the case,” the court document read.
“2. A DECLARATION that the refusal of the Respondent to make copy of her judgement available to the Applicant since the 27th of July, 2022 despite Applicant’s repeated application for the same is illegal and unconstitutional as it violates Section 36(7) of the Constitution of the Federal Republic of Nigeria, 1999 amended.
“3. AN ORDER directing the Respondent to furnish the Applicant with a copy of the judgment delivered on July 27, 2022 forthwith.
“3. GROUNDS UPON WHICH RELIEFS ARE SOUGHT
“I. The Applicant is entitled to fundamental right of fair hearing guaranteed by Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
“ii. The Applicant is entitled to a copy of the judgment delivered by the Respondent on July 27, 2022.
“iii. The refusal of the Respondents to release the judgment despite repeated application by the Applicant has denied the Applicant the opportunity to appeal against the judgment.”
Aniema Akpan, a secretary in Inibehe Effiong Chambers also swore an affidavit that contained details of the lawyer’s argument.
“That upon the instruction of the applicant, he applied for a copy of the proceedings of the Respondent of July 27, 2022 to enable him prepare and file appeal against the Applicant’s conviction at the Court of Appeal.
“That after waiting for over 10 days without receiving the said proceedings, he made a further application for the copy of the order/judgement convicting the Applicant on 27th of July, 2022 to be given to him but to no avail.
“That without any reason whatsoever, the Respondent has refused to furnish the Applicant with a copy of the judgement.
“That as a result of the refusal of the Respondent to furnish the Applicant with a copy of the Judgement, he has not been able to appeal to against the judgement before the court of appeal.
“That the refusal to furnish the applicant with a copy of the judgement over 14 days after his conviction prejudicial to the applicant’s fundamental right to fair hearing.”
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