By Abdulwahab Abdulah
Justice Adeniyi Onigbanjo of an Ikeja High Court Tuesday declared that he will not be party to any act that will denigrate the court, especially when it deals with issue of harassment of counsel or arrest of suspect within the court premises.
Reacting to a complaint by a senior advocate, Chief Robert Clarke, who said he was harassed last week Monday by security operatives attached to the Economic and Financial Crimes Commission, EFCC, after a proceeding in court, Onigbanjo, who is the trial judge in the on-going case involving the former Managing Director of Bank PHB, now Keystone Bank, Mr. Francis Atuche, said he will be shying away from his responsibility if he allows the case to be swept under carpet.
Justice Onigbanjo held that it is wrong for anyone to be harassed within the court premises on whatever ground, adding that such acts is a serious offense that is tantamount to contempt of court.
The Judge’s comment was sequel to Clarke’s complaint and the response from Mr. Kemi Pinheiro, SAN, who argued that the complaint should not have been raised during the criminal case against Atuche and Clarke’s client, Femi Ademosun.
The Judge said he would be ready to entertain a formal complain from Clarke, if it was established that the harassment of the senior advocate took place within the court in order to ensure the situation does not repeat itself.
“The whole of the court premises is in my jurisdiction and any misbehavior there is liable to contempt of court. I firmly believe that it is wrong and it has become my issue, I will not just let it go like that. An issue should be made out of it to prevent future occurrence. An application should be made to the court and the court will rule on it as the law provides,” Justice Onigbanjo concluded.
Justice Onigbanjo’s reaction however was not without contention from Mr. Pinheiro, who said the Judge should not take any position on the matter yet, since a formal application for contempt against the security operatives has not been brought before him.
Chief Clarke however said he was not interested in pursuing the matter even though his fundamental human rights were seriously violated. He noted he raised the issue so that young lawyers would learn from his experience and enforce their rights if they find themselves in the same situation, concluding that, “I am leaving a legacy to the junior lawyers as what happened can happen to anybody”
Meanwhile, an EFCC witness, Miss Nam Kappa, told the court that the proceeds of the sale of shares belonging to Carveton helicopter was sold by the former management of the Bank PHB without the approval of the board of the management of the bank.
Led in evidence by the EFCC counsel, Mr Kemi Pinheiro, the witness told the court that the EFCC investigative team, which she was a member, found out that the proceeds of the sale of the shares belonging to the helicopter company was paid into the account of a company, Homes Trust Savings and Loans of which the second defendant has interest.
Nam Kappa, had told the court that she works with the Chairman’s Monitoring Unit (CMU) of the commission.
She told the court that the commission started investigation into activities at Bank PHB as a result of a petition forwarded by the Helicopter Company which purchased shares from the loan facility the company got from the bank.
At yesterday’s proceeding, the prosecution tendered six fresh statements belonging to Atuche which were admitted in exhibits.
Further hearing was adjourned till tomorrow.
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