The NHRC had, in a report it released last week Thursday, named a former Chairman of the Independent National Electoral Commission, Prof. Maurice Iwu, an ex-Governor of Delta State, Emmanuel Uduaghan, and 64 others, including government institutions and security agencies, as those who played different roles in the alleged electoral malpractices. Adetola-Kazeem, in a statement on Wednesday, noted that his name was mentioned among those indicted for professional misconduct in connection with his role as lawyer in the case between the All Nigeria Peoples Party & Another v. The Resident Electoral Commissioner Akwa Ibom State & Others reported in the 2008 Nigerian Weekly Law Report (pt.1090) 453 CA. In the said report, Justice Ibrahim Saulawa of the Court of Appeal was quoted as saying, “It is instructive to note that the absence of the 2nd and 3rd petitioners’ counsel (Adetola-Kazeem) from the tribunal on the said 25/10/2007 was most reprehensible, to say the least.” Adetola-Kazeem, who described the NHRC report as mischievous, said it was wrong for his name to be inserted in Justice Saulawa’s quote as he was not the lawyer being referred to. The SAN said though he was the lead counsel for the 2nd and 3rd petitioners in the case, he was not expected to be in court on October 15, 2007, that the judge referred to as he had earlier asked for the court’s permission and the tribunal had been informed that it was another lawyer in the team, Mr. Ndaeyo Ndaeyo, based on Uyo, that would appear. He explained, “Unfortunately, as it turned out, Mr. Ndaeyo was unable to appear before the tribunal on 25/10/2007 and he caused a letter to be addressed to the tribunal to explain his absence, and also applied for an adjournment of the matter to another day. “The fact that Mr. Ndaeyo wrote to or caused a letter to be written to the tribunal was alluded to by Saulawa, JCA in a passage in his lead judgment at page 499(D-E) of the law report where it was stated that: ‘However, on 25/10/2007 when the petition later came up for the continuation of the pre-hearing session, a letter endorsed by one J.U. Udom, Esq. was received by the tribunal, seeking an adjournment of the petition on the grounds that the petitioners’ counsel, one Ndeayo Ndeayo, had travelled to Abuja.’” He also exhibited the original version of Justice Saulawa’s judgment where his name was not mentioned.]]>

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