August 8, 2021

Anambra Governorship: Ubani demands action on disciplinary recommendation against judges, lawyers

Dr. Monday Ubani

By Henry Ojelu

Former 2nd Vice President of the Nigerian Bar Association, NBA, Dr. Monday Ubani has demanded for the enforcement of disciplinary measures recommended by the Court of Appeal against some judges and lawyers who delved into alleged frivolous post-primary election cases filed by some parties in forthcoming  Anambra governorship election.

Recall that Justice Chioma Nwosu-Iheme while delivering judgment in one of such cases had recommended that the National Judicial Council, NJC, should discipline two judges for unprofessional conduct of dabbling into the Anambra State gubernatorial election controversy and gave consequential judgments on it.

The judge also recommended that the NBA should discipline the senior lawyers who filed the suit on behalf of their clients for professional misconduct.

Commending the recommendation of Justice Nwosu-Iheme, Ubani noted that the NJC and NBA must urgently act on the advice of the judge so as to restore the hope of the common man on the judiciary.

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He said: “I must commend the courage, integrity, and the upholding of the public good that these profound pronouncements by the learned jurist has brought to the entire judiciary and perhaps the country. 

“We can heave a sigh of relief knowing well that there are still remnants in Nigeria that can stand and speak truth to the Nation irrespective of whose ox is gored.

“We are proud of Hon Justice Nwosu-Iheme. All hope is not lost for us as a nation. Nigeria still has men and women of integrity everywhere! The few denting our image are in minority but powerful and pervasive.

“I, therefore, insist that disciplinary measures as recommended by her Lordship be commenced by the NBA and NJC to act as a check to the incessant embarrassment the legal profession is presently facing in all spheres and caused by those who are supposed to know and observe the ethics of the profession whether at the Bench or at the Bar.”

Ubani further stated that it is worrisome that Anambra State has become notorious for many of the controversial election cases in the country.

He said: “The recent happening in the electoral climate in Anambra State deserves to attract serious concern by all and sundry in the legal profession. 

“Every electoral season in Anambra is usually hot with bizarre happenings, especially court cases that are notoriously unprecedented.

“Our electoral jurisprudence is replete with so many cases that have emanated from Anambra State since the return to democratic rule in 1999. Some positive but many negative.

“The most litigious state in Nigeria in electoral matters, no doubt, remains  Anambra State. There are reported instances where parties in cases already decided will re-approach the Supreme Court to ‘set aside’ decisions that the Supreme Court as the final court had decided.

“That such cases are usually filed by lawyers, especially senior lawyers in the rank of Senior Advocates of Nigeria are not only shocking but increasingly disgusting.

“What should evoke mourning is that such lawyers usually escape disciplinary measures of Nigerian Bar Association over the years.

“The resultant effect is that cases of more bizarre nature are being filed regularly with impunity by these categories of lawyers.

“Take for instance the All Progressive Grand Alliance(APGA) primary gubernatorial election case that has just ended at the court of Appeal in Awka this week.

“The journey of the case started in somewhere in Jigawa State that is several hundreds of kilometres away from Anambra that has territorial jurisdiction to decide the matter.

“Both the lawyer and the judge that decided on the case knew that the Jigawa State High Court do not have territorial jurisdiction but went ahead to decide the case, not minding the consequence of such brazen decision that is fatally flawed.

“As if that was not enough, another set of lawyers and a judge this time around, somewhere in Imo State as  ‘undertakers’ undertook to decide the APGA leadership matter that should be decided in Anambra State, affirming one Jude Okeke as APGA  acting Chairman, while one  Chukwuma Umeoji was declared as the authentic gubernatorial candidate for the November 2021 gubernatorial election.

“A High court in Anambra presided over by Justice Charles Okaa corrected these anomalies and upheld the recognition of former Central Bank Governor, Charles Soludo, as the authentic All Progressive Grand Alliance candidate in the November 6 gubernatorial election in the State.

“Dissatisfied, the opponent brought a motion seeking to stop the execution of the order of by Justice Charles Okaa.

“This impunity gave ample room to Justice Nwosu-Iheme of the Court of Appeal Awka an opportunity she never wasted, to lash out at the erring legal professionals who, according to her, go from one part of the country to another in search of judgments to enable some politicians to run for public office.

“It is called Forum Shopping in legal parlance.

“Justice Nwosu-Iheme consequently demanded punishment for Justice Musa Ubale of Birnin Kudu, Jigawa State, and his counterpart in the Imo State Judiciary, Justice B. C. Iheka for what she aptly described as their unprofessional conduct by dabbling into the Anambra State gubernatorial election controversy and gave consequential judgments on it.

“She also sought, and rightly too, that lawyers who took the cases to the State High Courts in Jigawa and Imo states be disciplined for professional misconduct.”

Vanguard News Nigeria