By Ishaya Ibrahim, News Editor
25 civil society groups under the auspices of the Action Group on Free Civic Space (AGFCS) have condemned the arrest and imprisonment of Barrister Inibehe Effiong, a lawyer and right activist by justice Ekaette Obot.
Recall that the judge ordered the arrest and imprisonment of Effiong while defending his client, Leo Ekpeyong in her court.
Leo Ekpeyong is facing a libel charge instituted against him by Akwa Ibom state governor, Emmanuel Udom. The trial judge doubles as the chief judge of the state.
In a statement jointly signed by leaders of the group says the imprisonment of Inibehe Effiong runs afoul of the Nigerian laws, and lacking in precedence.
Read the full statement
The Action Group on Free Civic Space (AGFCS) strongly condemns the arrest and imprisonment of human rights lawyer, Barr. Inibehe Effiong by the Chief Judge of Akwa Ibom State.
Earlier today, the presiding Judge, Justice Ekaette Obot ordered the immediate detention of Barr. Effiong by armed policemen and committed him to prison for one month. The order was made following an alleged altercation during the court proceedings in suit no: HU/279/2019 between DEACON EMMANUEL GABRIEL UDOM VS LEO EKPENYONG, ESQ. Following a libel suit filed by Udom Emmanuel against Leo Ekpenyong, a lawyer, for defamation of character over a publication in which the plaintiff was accused of “buying judgment” from the 2019 National Assembly Election Tribunal, Ekpenyong’s lawyer, Barr. Inibehe Effiong filed a motion on notice asking Justice Obot to reassign the case to a neutral judge and further praying that the matter is heard de novo.
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Ostensibly committing him to prison for contempt, the judge ordered that Barrister Inihebe be taken to the Uyo Correctional Center. The judge ignored appeals by other counsels in the courtroom, insisting that Inihebe must duly serve the prison term. The order was given after Barr.Effiong raised the issue of “feeling intimidated and threatened” by the presence of armed policemen in the courtroom and applied to the court to have the armed policemen excused from the courtroom.While the court can summarily exercise its power to convict a person on the basis of contempt, the Nigerian courts have decided in a long line of cases that “the law of contempt does not exist for personal gain or glory; it only serves to uphold and promote the efficient administration of justice.”When determining when words or actions used in front of the court or during proceedings are deemed to be in contempt, the Supreme Court of Nigeria in the case of INEC &ANOR V OGUEBEGO & ORS, held as follows: “For words or actions used in front of the court or during proceedings to be in contempt, they must be such as would interfere with the course of justice. The inherent authority to deal with contempt in prima curiae and punish for the offence summarily belongs to a superior court of record. It must be emphasized once more that the summary authority to penalize for contempt should only be employed in extreme circumstances.”Neither the facts of this case nor the conduct of counsel during the proceedings fits the requirements of extreme circumstances nor suggests that Barrister Inibehe interfered with the course of justice.
Accordingly, the Action Group on Free Civic Space, calls on the Honourable Chief Judge of Akwa Ibom State Judiciary to immediately reverse the order and free Barrister Inibehe Effiong. His imprisonment is a blatant violation of his fundamental human right of the freedom of expression as enshrined in S. 39 of the 1999 Constitution of the Federal Republic of Nigeria.We further call on the Nigerian Bar Association (Uyo Chapter) as well as the National JudicialCouncil (NJC) to probe this matter as a matter of urgency.
Signed:THE ACTION GROUP ON FREE CIVIC SPACE (AGFCS)
1. Spaces for Change
2. Vision Spring Initiative
3. Rule of Law and Accountability Advocacy Centre
4. Youth Environmental Advocacy Center
5. Network on Police Reform in Nigeria
6. Stakeholder Democracy Network
7. Foundation for Environmental Rights, Advocacy & Development (FENRAD NIGERIA)
8. Building Blocks for Peace Foundation
9. Accountability Lab
10. Centre for Citizens with Disability
11. Garga Foundation
12. Centre for Community Empowerment in Conflict and Peacebuilding
13. The Initiative for Equal Rights
14. Center for Peace Education and Community Development (cepeacecode)
15. World Impact Development Foundation
16. Justice and Rights Initiative
17. Grassroots People Empowerment Foundation (Policy Alert)
18. Dandalin Matasa Initiative for Rapid Development.
19. Justice Development and Peace Center (JDPC) Lagos
20. Centre for Justice, Empowerment and Development
21. Entrepreneurship Initiative for African Youth (EIFAY Africa)
22. The Interactive Initative for Social Change
23. We the People
24. Ace and Vanguard Legal Practitioners
25. Centre for Community Empowerment and Poverty Eradication