As the dust is yet to settle on the controversial incarceration of human rights lawyer and activist, Inibehe Effiong by the Chief Judge of Akwa Ibom State, Justice Ekaette Obot, legal practitioners and scholars have continued to lend their opinions on the issue.
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According to the Head of Department of Jurisprudence and Public Law, Faculty of Law, Kwara State University, Malete, Dr Yahya Hambali, Inibehe Effiong as a citizen of the Federal Republic of Nigeria was entitled to fair hearing as part of the contempt procedure before his committal.
In an interview with PunchNg the HOD insisted that fair hearing is fundamental in judicial proceedings and cannot be validly denied anyone whose rights or obligations are to be determined.
He said: “A court has inherent and discretionary power over its own court. If contempt is committed, it is within the inherent power of the court to overlook it, warn the contemnor, or have him imprisoned for an hour or two or more.
However, no matter how heinous a crime is, the person standing trial has the right to fair hearing. Hence, the rights of a contemnor may be infringed upon if he is not allowed to explain why he did what the judge has found to be contemptuous and why he does not deserve to be punished.”
He continued: “The essence of entering the dock is for the contemnor to explain why he should not be committed for contempt.”
On the liability of the Judge for wrongful conviction, Mr. Hambali noted that the Judge cannot be held liable for whatever he does in his or her court.
However, the contemnor can enforce his right by appealing. A petition can also be written against the judge to the National Judicial Council.
He said: “That is why we have the National Judicial Council. When a petition is written to the NJC as regards a defaulting judge, the judge can be issued a query because there is an arm of the NJC that hears petitions to avail such a judge a fair hearing. In addition, there are other penalties that can be issued to a judge, like a removal, warning, suspension, etc.”
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