Daily Independent Online.
*
Monday, June 14, 2004.
Enugu lawyers want judge probed
By Chukwudi Achife
Bureau Chief, Enugu
Lawyers in Enugu State are calling for a full probe
into the conduct of a judge of the Federal High Court who was reported to have
physically prevented bailiffs from executing the orders of an Enugu High Court
last week.
The judge, who is from the state but serves in
Ogbomoso, Oyo State, reportedly led thugs to stop bailiffs from levying
execution on the property of a prominent bank in Enugu following a judgment by
Justice Nwaka Nebo in 2000 awarding damages totalling N8.7 million against the
bank.
He was said to have defended the bank as a counsel in
the suit filed by a former Manager, Mr Kenna Njemanze, before he was appointed
to the federal bench.
Expressing “shock and disbelief” at the
report, most of the lawyers who spoke to Daily Independent on the issue said the probe was
necessary to protect the image of the judiciary in the state, which they noted
had recently been tainted by the controversial conduct of other judges, including
the infamous order by Justice Stanley Nnaji directing the removal of Anambra
State Governor, Dr Chris Ngige, from office.
According them, the judge’s actions had, apart
from sending the wrong signals to members of the public, also showed his
disregard for the rule of law and the powers of his own office as a judge,
adding that the matter was also capable of causing unnecessary acrimony within
the judiciary if not properly handled.
They stressed that, if proven to be true, the
judge’s conduct was enough proof that he is not fit to hold the revered
position , adding that the judiciary would be setting a bad precedent if he
were allowed to go unpunished.
“It is hard for me to believe it, indeed it is
difficult to even contemplate that a judge could procure someone to prevent the
execution of the judgment of another judge and not to talk of doing so by
himself. I wonder if he was in his right senses when he did it,” said one
of the lawyers.
When
contacted for comments on the issue, the Enugu State Chairman of the Nigerian
Bar Association (NBA), Mr Tony Ani, expressed surprise at the development but
said he was not yet conversant with the facts of the case and thus could not
immediately speak on it.
“I will study the facts carefully then I would
be able to comment on this issue. It is obviously a very serious one,” he
said.
Njemanze, the judgment creditor, has however told Daily
Independent that he
has instructed his lawyers to initiate contempt proceedings against the errant
judge despite frantic pleas from the bank and friends of the judge.
“I want justice to be done in this case and nothing
more. I have a court judgment in my favour and whoever would want to employ
illegitimate methods to prevent that judgment from being carried out should be
ready to pay the price, no matter who or what that person is,” he said.
