Tag: #Inibehe Effiong

  • Inibehe Effiong Vs CJ, Akwa Ibom State; Why Are Judges Against Recording Of Court Proceedings? BY FIRST BABA ISA

    Inibehe Effiong Vs CJ, Akwa Ibom State; Why Are Judges Against Recording Of Court Proceedings? BY FIRST BABA ISA

     

    This case of Inibehe Effiong is bringing a lot of things to the fore, a lot of things wrong with our justice system. Today, I will point out one:

    Why do judges always take offense when court proceedings are being recorded? I challenge any lawyer, judge or scholar to point me to a provision of the law or rule that prohibits litigants, lawyers, journalists or members of the public from videoing or recording court proceedings in Nigeria. (Apart from juvenile proceedings and maybe those consented to by parties).

    In fact, the Constitution provides that all court proceedings must be in public. Why do judges try to keep secret what is meant for the public?

    Inibehe’s purported contempt case might tell us why.

    The Chief Judge of Akwa Ibom State has released the records of proceedings in the case where she jailed the lawyer for contempt of court. Have you seen the irony this situation presents: this contempt case is between Inibehe and the CJ, and the only record the public and the Court of Appeal can rely on to determine what really transpired is the record produced by the CJ!

    Yes, I know the record of proceedings can be legally challenged and impugned, but all this drama wouldn’t be necessary if the proceedings were recorded by journalists and members of the public. How can we know the truth of what transpired in court by depending solely on the record of the judge, who is now a party in the whole saga?

    This continuous barring of members of the public from recording court proceedings has absolutely no positive side. Those who argue that allowing anyone who wants to record court proceedings to do so will lead to transparency and stem corruption and abuse of office on the bench have a salient point.

    I have read the records of proceedings and the judge wants me to believe that INIBEHE or any lawyer for that matter, will bang the table, shout and point and at a judge and say ”I will not continue…”? Hmmmm. Maybe it’s true. Maybe, Ini smoked something that day; but now that the CJ is both the offended and the judge, forgive me if I refused to take her word alone, on that record of proceedings, as final. Again, you see, this is where it would have been great to allow that Premium Times journalist she sent out to record the proceedings. But she sent him out and now wants us to believe her story as contained in the records of proceedings.

    As I said earlier, I know certainly that the records of proceedings will be challenged, but even as it is, the records of proceedings shows manifest irregularities and patent vacancies. The proper procedure for contempt in facie curia was not carried out. From where I stand the conviction for contempt is void.

    In closing we have to go back to the initial question: why are judges so uncomfortable with court proceedings being recorded? What’s going on?

    – By Firsts Baba Isa
    First Baba Isa – Page

  • Case Against Kufre Carter Thrown Out By A Magistrate In Akwa Ibom For Want Of Diligent Prosecution

    Case Against Kufre Carter Thrown Out By A Magistrate In Akwa Ibom For Want Of Diligent Prosecution

    By In Inibehe Effiong

    The case of “criminal defamation” instituted against Kufre Carter by the Akwa Ibom State Government has been struck-out today Friday the 20th day of November, 2020 by the Chief Magistrate Court of Akwa Ibom State presided over by Chief Magistrate Winifred Umohandy for want of diligent prosecution.

    Kufre was arrested and arraigned in court in April by the State Security Service (SSS) on the instigation of a former Commissioner for Health in Akwa Ibom State, Dr Dominic Ukpong, over a viral audio message circulated on social media in which the said Dr Ukpong and the State Government were castigated for their poor handling of the COVID-19 pandemic.

    Our firm, Inibehe Effiong Chambers, represented him pro bono as part of our human rights programme.

    The same Government that acted as if the world was going to end if Kufre was released, could not produce a single witness in court.

    Dr Ukpong who was in a hurry to use the SSS to arrest Kufre in connivance with other officials of the Akwa Ibom State Government ran away from the court and did not show up at all.

    Those who occupy political positions in Nigeria must realize that the era of using security agencies to hunt and persecute citizens unchallenged for expressing their views on issues of bad governance is over.

    We will never tolerate such reckless abuse of power and cowardly acts of intimidation by politicians. We will continue to challenge their impunity within the ambits of the law.

    History will vindicate the just.