Lawyers were supposed to boycott courts yesterday to protest President Muhammadu Buhari’s suspension of Chief Justice of Nigeria (CJN) Walter Onnoghen, but not a few ignored it.
Activities in all the courts in Rivers State were crippled as ordered by the Nigerian Bar Association (NBA).
The courts were opened, with the registrars present, but the judges were not there. A few lawyers were seen in the courts.
Speaking to reporters, Rivers NBA chairman Sylvester Adaka said even if there were issues of corruption linked to the CJN, the President should follow due process in handling it.
“It is not that NBA is encouraging corruption in any way, all we are saying is that there is a process which must be followed,” he said.
A former Attorney-General of Rivers State and a Senior Advocate of Nigerian, Barinua Wifa, described the CJN’s suspension as a trial of the nation’s democracy.
The legal luminary, who spoke in Port Harcourt, yesterday, said the decision was hasty and did not follow the constitution of the nation.
Wifa added that ‘Buhari does not have the constitutional backing to appoint or remove a judicial official without recommendations from the National Judicial Council, adding that the president acted contrary to the law.
Akwa Ibom
Lawyers in Akwa Ibom yesterday boycotted the courts. Our correspondent, who went round courts in Uyo metropolis, observed that administrative workers were hanging around the premises of the courts.
Some lawyers, who came in the morning, were seen standing in groups apparently discussing the development but refused to speak to the reporters.
A one-time State Chairman of the NBA, Ekanem Ekanem, said lawyers in the state completely complied with the directive.
Ekanem said the NBA set up a team to monitor activities of lawyers during the two-day protest.
He said: “Akwa Ibom State chapter of NBA swiftly swung into action on Monday and set up a monitoring team to monitor the activities of lawyers attending court sittings for possible sanctions.
“No lawyer went to court today (Tuesday) as am talking to you I have three cases in court but I have not attended to any of them.
“The warning strike ends tomorrow but if the federal government does not rescind its decision to suspend the Chief Justice Walter Onnonghen and also rescind its decision to appoint Justice Tanko Muhammad as the Acting ChiefJustice of Nigeria, the NBA will explore other stringent measures to ensure Federal Government complies.”
Calabar
Lawyers in Cross River State took the streets of Calabar to protest the suspension of Justice Onnoghen.
The placard-bearing lawyers from the three NBA branches in the state comprising Calabar, Ikom and Ogoja, converged on the state judiciary headquarters at High Court complex on Mary Slessor Avenue before proceeding to the governor’s office on Diamond Hill to present a six-point demand to the governor for onward transmission to the president.
The Vice Chairman of NBA, Calabar Branch, Julius Idiege, read the communiqué before it was presented to Deputy Governor Ivara Esu, who received it on behalf of Governor Ben Ayade.
The communiqué issued by the lawyers reads: “We condemn in the strongest terms, and wholly reject the unconstitutional suspension of Honourable Justice Walter Samuel Nkanu Onnoghen by President Muhammadu Buhari, vide a black market ex parte order issued by the Code of Conduct Tribunal.
“We are horrified that the Hon Justice Tanko Mohammed submitted himself to be sworn in as Acting Chief Justice of Nigeria, thereby subscribing to this abuse of the constitution and we find the actions of the Code of Conduct Tribunal perfidious and fraudulent.”
“Unless this abuse of the constitution is redressed immediately, the rule of law will be in jeopardy and this will drive the country towards anarchy. The constitution of Nigeria must remain supreme and sacrosanct. We call on the president to immediately retrace his steps and reinstate Hon. Justice Walter Onnoghen to his position as Justice of Nigeria, and preserve the constitution which he swore to uphold.”
They urged the National Executive Committee of the NBA to take all necessary steps in defence of the constitution and the rule of law.
Meanwhile, courts in the state were boycotted by lawyers throughout Tuesday. The boycott will continue on Wednesday as directed by the NBA at the national level.
National Industrial Court, Abuja
Lawyers shunned the Industrial Court Complex in Garki, but two of the four courts had their usual court proceedings, while one delivered a ruling.
The court registrar of one of the courts that did not sit said it was because sitting was not slated in his court for Tuesday.
A NAN correspondent was also informed that the judge in another court that did not sit was on vacation.
The lawyers were seen in the premises going into the registry to file processes while others were in courtrooms involving in court proceedings.
One of them, who preferred anonymity told NAN that he came to get a new date for his matter slated for today, but met his colleagues waiting for proceedings and he joined them.
Another lawyer, Mr Steve Imokhe said he was in court as a defence counsel for a matter slated for today, he said NBA should have gone round the courts to ensure compliance rather than giving a directive without monitoring it.
Jigawa/Kano NBA chapter defy court boycott order
The Jigawa branch of the Nigerian Bar Association (NBA) defied the order of its national body.
The association, in a statement by its chairman, Mr Bashir Hussaini, said the state chapter would not participate in the nationwide court boycott.
“The NBA, Dutse branch, expresses its deep concern over the suspension of Chief Justice of Nigeria.
“However, the branch will not embark on any strike or boycott of our proceeding,” it said.
The association described the suspension as “trying time” for the legal profession, and called on the parties to seek redress through legal means.
“The situation is a trying time for the legal profession.
“The parties should seek redress through legal means by appealing against the order of the tribunal for the suspension of the CJN, instead of boycotting courts that will be detrimental to the parties,” it advised.
The Kano State branch of the NBA also did not comply with its national body’s order to boycott courts.
The branch made its position known in a statement by its Secretary, Malam Mujtaba Ameen, in Kano.
“We at Kano NBA Branch have decided that we will not ask any member of our branch to boycott courts for two days.
“We should be responsible enough to do the best for our country, Nigeria, families, clients and the system as a whole,’’ he said.
“We should endeavor to preserve the nobleness of our highly respected profession by being fair to the society and our children yet unborn,’’ Ameen said.
A correspondent of the News Agency of Nigeria (NAN), who visited some Magistrates’ and Federal High Courts in Kano, said most of the judges reported for duties and entertained cases.
Partial compliance at FHC Abuja
The order was partially complied with at the Federal High Court, Abuja.
Court 3 at the Federal High Court sat and was filled with lawyers.
When some cases were called, there were no legal representations and no reason given for the absence of counsel.
One of the lawyers, Hadiza Sani, who spoke to NAN, said that she was not aware of the order to boycott courts.
Another lawyer who spoke on condition of anonymity, said that boycotting the courts, particularly on Jan. 29 would not be fair to his client, who had been in detention and had the opportunity to have his bail application heard.
Mr F.A. Aba, also a lawyer, told NAN that he was in court only to take fresh dates for his cases and to tell his clients that the case had been adjourned.
Strike stalls activities
at FCT High Court, Apo
Activities were stalled at FCT High Court, Apo, as lawyers complied with directive.
A NAN correspondent, who visited the Apo High Court complex, said all the courts did not proceed with cases slated for the day.
Lawyers, who came to court, said they were around to get new dates.
Lawyers ignore NBA in Lagos
The boycott recorded partial success in Ikeja High Court as very few lawyers came to court for hearings.
Also many judges at the Ikeja High Court adjudicated over cases.
However, a task force of the NBA disrupted proceedings in some of the courts, thereby forcing them to adjourn.
The task force, for instance, told lawyers in Justice Iyabo Kasali’s courtroom to comply with the boycott directive.
All the lawyers left the courtroom to prevent confrontation.
Proceedings in Justice Raliatu Adebiyi’s courtroom were disrupted at 10.50 a.m. by the NBA task force as they directed lawyers present to comply with the boycott order
The disruption made the judge to rise and adjourn proceedings.
But the situation was a bit different at the Special Offences Courts at Justice Rosaline Omotoso Court House.
Judges in the four courtrooms adjudicated over some cases.
Justice Mojisola Dada commenced sitting at about 9.00 a.m. and rose at 10.30a.m., Justice Oluwatoyin Taiwo and Justice Olusola Williams also sat over some cases in their courts.
In Justice Sherifat Solebo’s courtroom, lawyers and litigants were seated awaiting the judge’s arrival.
A judicial worker who pleaded anonymity told journalists that some of the courts rose early because many lawyers were absent.
“I support NBA in the call for the boycott because it has to do with constitution.
“If Justice Onnoghen has committed any crime, let due process be followed in removing him.
At the Domestic Violence and Sexual Offences Court , Justice Abiola Soladoye began sitting at 9.00a.m. and was still adjudicating matters as at noon.
In Justice Sybil Nwaka’s courtroom, lawyers and litigants were awaiting her arrival.
Many lawyers entered appearance at the Lagos and Ikorodu Divisions of the Lagos State High Court yesterday, despite a Nigerian Bar Association (NBA) directive asking them to boycott the courts for two days.
Many of the judges also reported for duty and entertained cases.
A lawyer, who appeared before Justice Modupe Nicol-Clay at the Igbosere High Court, Michael Oyagha, explained why he shunned the order.
Oyagha said: “The NBA directive is in order, however, some of us are not in agreement with it. The reason is that what we expected the NBA to do was not the first thing it did. In my opinion, the first thing the NBA should have done was to go to court and challenge the ex parte order made by the Code of Conduct Tribunal. Rather it asked lawyers to boycott the courts for two days when there are matters scheduled for today.
“There are defendants that would have been sent to prison if their lawyers hadn’t come to court today. This morning, for instance, a defendant was discharged. Assuming his lawyer didn’t show up today, he would have been sent back to prison.”
Another lawyer, who shunned the directive at the Ikorodu Division, said he had no choice.
Speaking on condition of anonymity, he’s said: “My principal assigned this case to me before travelling out of the country. Should I call him to say I would not be in court because the NBA asked us to boycott? I can’t do that, especially when I know he is not in support of the directive.
“Besides, our NBA Chairman told us to go with our conscience on the matter. If you can afford to join the boycott, fine. If not, fine.”
However, not all the high courts sat.
The Court of Appeal on Lagos Island was one of them. It will not sit until next Monday, but not because of the NBA directive.
The Nation learnt that this week has been designated as a conference week.
At the Igbosere and Tinubu Magistrates’ Court on Lagos Island and the Yaba Magistrates’ Court on Lagos Mainland, there was no compliance with the boycott.
But there appeared to be some compliance at the Badagry Division of the court.
A member of the Badagry branch of the NBA, Chief Gerald Okorie said the branch was in full support of the directive.
Okorie, who spoke to The Nation at the Tinubu Magistrates’ Court, said he and three of his colleagues, were there to monitor compliance with the boycott.
He noted, however, that not every lawyer complied.
Okorie said: “As far as the Nigerian Bar Association has taken a decision, we are bound by it as members of the association, and we are interested in following this matter up because we believe that Onnoghen is not the problem, we are the ones who are in problem. When you destroy the judiciary, you destroy the masses, you destroy the lawyers, you destroy the system, you destroy the government, you destroy even the politicians.”
A Lagos-based lawyer, Maduka Onwukeme, said although he didn’t decide to join the buycott at the Igbosere High Court, the judge before whom he was to appear did not sit.
Onwukeme said: “I came but the court wasn’t sitting. Honestly, I don’t think the reason for the buycott is altruistic. I think it is self-serving. I don’t support the action of the President but I don’t support the CJN, too.
“But then telling us to buycout the courts over the CJN and the President’s issues, I don’t think is right.”