ETIM EFFIONG
Prosecuting counsel, Samuel Ikpo, has upheld the judgement by the Chief Judge of the Akwa Ibom State High Court, Justice Ekaette Obot, over the sentencing of Rights Lawyer, Inibehe Effiong for contempt of the court.
Ikpo said there are many falsehoods and half-truths about the incident. He noted that the Chief Judge was justified in his action as the attitude of the defence counsel was unbecoming in court.
Effiong, was on Wednesday, July 27, sentenced to 30 days in prison by Obot for actions she considered contemptuous during cross-examination of the last witness, Richard Peters, in a libel suit instituted by Governor Udom Emmanuel of Akwa Ibom State and Senator Effiong Bob, against Leo Ekpenyong.
“On the 27/7/22 the court sat, and with a witness in the box, defence counsel commences cross-examination. The Chief Judge sighted a man with a red shirt using his phone to record the proceedings of the court and ordered him to stand up and hand over the phone to the police at the entrance door, the court asked the police to check the phone, which was done and was discovered that he was recording proceedings of the court with the phone and the court ordered for the seizure of the phone.
“The defence lawyer interjected, telling the court that it is an open court and that the public is allowed to witness and record proceedings; at this point, the judge said ‘no’, that he has no right to video the proceedings of the court without outright permission of the court.
“The judge further told the defence lawyer to continue with his cross-examination, but he refused and was still making reference to the seizure of the phone by the court at the top of his voice, at this point, the court now told the defence lawyer that the court will not tolerate his excesses in court today and that he should be serious with the business of the day which was further cross-examination of CW3,” Ikpo said.
Continuing, Ikpo said while the judge was about to put the defence lawyer on record, Effiong jumped up and uttered the following: “You cannot tell him to leave the court, he is a journalist. He has the right to stay in court and record all that you say so that you cannot deny them. If you don’t ask him to come back to the court, I will not sit down and no proceedings will continue today. My Lord, I’m waiting for you to rescind your order.
“I have noted the manner this court conducts its case, that is why we filed a motion for transfer of this case to another court, you refused to hear the motion. What type of judge are you? This motion must be heard today.
“While the court was trying to respond to the defence lawyer’s application, he kept shouting, raising his voice in the court and pointing his fingers at the judge and said: “I have seen around policemen in this court, tell them to leave immediately so that I can conduct my case freely, you don’t have any right to bring in armed policemen into this court to intimidate me and threaten me.
“I will resist it, if you don’t order them to leave, I’ll not sit down. It is not done anywhere; I must be put on record?”
“At this juncture, the court could not contain the attitudes of the defence lawyer in challenging the court decisions verbally and disrupting the court proceedings. The judge asked him to step out of the bar and derobe.
“The Judge sentenced him to prison for a month until he purges himself of the contemptuous conduct,” he stated.
Contradicting the account of the prosecution, Barr. Augustine Asuquo, Head, Inibehe Effiong Chambers, Uyo branch, described the sentence of Effiong as ‘unwarranted and unthinkable’.
Asuquo in a press statement titled, “Incarceration of Barr Inibehe Effiong by CJ, Akwa Ibom State, Hon justice Ekaette Fabian Obot, ‘the truth you must know,’”, said while Effiong was cross-examining the witness, the CJ interjected and decided to know the man in a red shirt.
He stated that while the person stood and introduced himself as a reporter from Premium Times, the CJ ordered that he be sent out and his phone seized from him.
“The case was called and while the court directed the claimant’s counsel to put in his witness for Cross-examination, Inibehe Effiong promptly rose and reminded the court of the two-pending application. My Lord said in reply, that the motion will be taken on a different date so the case proceeded.
“While Inibehe was cross-examining the witness, my Lord interjected and demanded to know the person in a red shirt. The person responded that his name is Saviour Imukudo from Premium Times, my Lord quickly directed him to immediately leave the court and ordered his phone to be seized from him by the armed policemen.
“It was then my colleague informed the court that the defendant’s trial is in open court and that members of the public be allowed to observe the proceedings. However, my Lord insisted that nobody can come inside the court to record proceedings without being permitted by the court.
“It was at this juncture Inibehe Effiong made another observation to the court that he has seen two armed police officers with AK47 behind him in the courtroom, that my Lord should please direct them to step out of the court as their presence was creating fear and hostility to him. My Lord in response said that the armed officers are protecting him. It was then Inibehe made a formal application asking the court to either direct the officers out of court or overrule him.
“While Inibehe was still addressing the court, the court was writing and none of us knew that my Lord was writing on my colleague’s committal to prison. Soon after the writing, my Lord raised his head and yell at Inibehe to step out of the court and derobe myself. Surprisingly, Inibehe asked my Lord why, and my Lord said, ‘I’m sending you to prison.’
“Inibehe in obedience stepped aside but refused to derobe stating that if he derobe, he won’t be able to address the court. That’s when my Lord pronounced his sentence on my colleague in the most regrettable manner and my colleague was taken to Ikot Ekpene Correctional facility like a common criminal for no just cause,” he stated.
