By Abuchi Goshen Ogbachalu, Esq., ALD, CPCP
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Messrs, Maureen Stanley – Idum and Chinonso Mmuozoba which I shall hereinafter refer to as Authorities in Civil Litigation in Nigeria cum my Lecturers at the Nigerian Law School, though mute since the Inibehe Effiong episode but will be most disappointed in their students who are now practicing Lawyers and other litigation lawyers who appeared before my Lord, the Honorable, the Chief Judge of Akwa-Ibom State on the 27th day of July, 2022.
It was my civil litigation lecturer (Maureen Stanley-Idum) who said “When a Lawyer is not been a Lawyer, the Lawyer in him dies”. So let it be with the inabilities of the lawyers who were in court with my learned friend Inibehe Effiong Esq., on the 27th July 2022 and saw no reason in reactivating and encouraging judicial activism taught by these learned scholars. These lawyers of 27/7/2022 refused to sang the chorus the likes of Late Senator N.N. Anah, SAN, Late Chief Gani Fawehinmi, SAN, Martin Nnaemeka Nwaibe Esq. and Chief Femi Falana, SAN would have sang, if they were present in court on the 27th day of July 2022.
Go and tell Honorable Justice Ekaette Fabian Obot that Inibehe Effiong Esq. was here! Would have been the chorus by now and not the recent public outcry by Lawyers, NBA, Amnesty International and various Civil Society and fourth estate of the realm.
The simple test of advocacy skill of lawyers who appeared before My Lord, the Honorable the Chief Judge of Akwa-Ibom State on the 27th July 2022, would have saved my Learned Friend, Inibehe Effiong Esq., if on that day, the lawyers who were present in court remembered that “when injustice becomes law, resistance becomes a duty”. What was simply required of the lawyers of 27th July, 2022 is to proceed to cyber café or any typing poll within the court premises and come up with Notice and Grounds of Appeal even on Omnibus Ground, particularly on fair hearing, no matter how scanty it appears. While the 2nd set of lawyers would have prepared immediately Motion for Stay, stating in the Record /process that judgment will be filed on a later date, with these Applications facing the court like the ubiquitous rock, war against Haman would have been won. This would have also given my learned friend Inibehe Effiong Esq., ample time and opportunity to file motion for stay of proceedings at the Court of Appeal on a later date and compile Records.
Conclusion
Messrs, Maureen Stanley-Idum and Chinonso Mmuozoba who taught so many lawyers in Nigeria civil litigation at the Nigerian Law School will weep profusely the day Inibehe Effiong Esq., was sent to Uyo Correctional Centre, because of the inability of lawyers who though present in court , yet could not subscribe to interim applications and orders pending appeal which is inherent and statutory. Let us be our brothers’ keeper as injury to one lawyer is injury to all lawyers. The bench must not kill the Bar.
Ogbachalu Abuchi Goshen Esq., ALD, CPCP is a Legal Practitioner based in Onitsha, Anambra State. He is the founder of Goshen Lawlords Solicitors and currently the managing partner of Ginalexi & Co.
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