“Whoever allows coconut to be
broken on his head will never live to eat out of the Coconut!”
This
story you are about to read is not a fiction. It is not a fairy tale. It is a
true story. It is the story of two
learned judges who were found to have compromised their oath of office at the
peak of their career. It is the story of corruption in the temple of justice.
It is also the story of one judge who stood firm, who refused to be tempted,
and who refused to be cowered.
This
is the story that the late Gani Fawehinmi described as a case that struck “at
the very heart of the integrity of the Nigerian Judiciary”.
By
re-telling these stories, it is Onigegewura’s hope that our generation can save
ourselves from future blunders by learning from the mistakes of the past.
If you are not too busy, let’s go to Anambra State where it all began in 2003.
If you are not too busy, let’s go to Anambra State where it all began in 2003.
You
recall that there was a general election in the country in 2003? That was the
election that triggered this story. Nicholas Ukachukwu contested the April 12,
2003 general election in the Anambra South Senatorial Zone. He won the election
and was the declared the winner.
Following
his victory at the polls, Mr. Ukachukwu began to read the Constitution in order
to familiarize himself with what the law said about his role as a senator. He
was reading the Constitution one day when he heard the news that made the
Constitution to drop from his hand. The Anambra State Resident Electoral
Commissioner had cancelled his victory and a gentleman who did not contest the
election was declared the winner.
Eziokwu!
He called his counsel. Off to Awka where the National Assembly Election
Tribunal was sitting. What type of abracadabra was this? It would have been
understandable if the person declared the winner had contested the election!
From nowhere, an apparent stranger was given his victory.
The
Tribunal listened patiently to the aggrieved ‘Senator’. My Lords listened to
INEC. My Lords took evidence from the witnesses called by the parties. The
Tribunal found merit in the case of our ‘Senator’. He was declared the true
winner. He jumped up for joy!
I
hope you are following me. It was now the turn of the ‘INEC Senator’ to feel
aggrieved. Ugochukwu Uba collected the Tribunal judgment and with his counsel
went off to Court of Appeal in Enugu. Please don’t confuse the parties o.
Nicholas UKACHUKWU on one hand. Ugochukwu UBA on the other hand. I hope that’s
clear now. Can I proceed with my story? Good.
At
the Court of Appeal, three Lord Justices were assigned to hear the appeal.
Justice Okechukwu Opene was the most senior. His Lordship was appointed into
the Court of Appeal in 1993. Justice David Adeniji was the next in seniority.
The youngest in age and on the Bench was Justice K. B. Akaahs.
At
the Court of Appeal, Uba was the appellant
- appellant is someone comes to the court of appeal because he is not
satisfied with the judgment of a lower court. Ukachukwu was the respondent. You
should be able to guess the meaning of respondent by now.
While
the appellate court proceeding was going on, Ukachukwu said that he began to
notice that Uba’s Personal Assistant was moving around with His Lordship,
Justice Adeniji. He was alarmed naturally. What is the connection between a taxi
driver and a fishing boat?
He
remembered his grandmother’s proverb: nwaanyi
muta ite ofe mmiri mmiri, di ya amuta ipi utar aka were suru ofe. Since the
woman had decided to make the soup watery, he as the husband must learn to dent
the Garri before dipping it into the soup.
He called
his brother and together, the brothers conducted their due diligence and found
one Bonti Onuigbo who was a close friend to the PA. They requested him to
monitor the PA’s movement for them.
It was also at this point that a gentleman lawyer
who was not a man (there are no ladies at the Bar) approached the brothers. The
lawyer told the brothers that she knew Justice Opene. She told them that His
Lordship did not have a house in Abuja though he had a plot of land. She
wondered if the brothers could assist His Lordship with ‘small kolanut’ to enable the judge complete his house.
Kolanut?
To assure Ukachukwu that the transaction was genuine and not china product, she
took his brother to meet My Lord. His Lordship confirmed the barrister’s
information and he hinted that for him to complete the Abuja house, N15M would
be needed. Not 15 hundred o. 15 Million Naira! That’s the kolanut. His Lordship
further hinted that the other party had offered to assist him with the same
amount.
The
brothers had no fifteen thousand. They monitored the lady lawyer’s movement.
They monitored her driver’s movement. They also monitored the PA’s movement.
On
February 15, 2004, a Staff of the Court of Appeal, IMS, began to observe the goings
and comings into Justice Opene’s Quarters during the period in question. In
particular, IMS noticed a white Mercedes Benz was regular. On this fateful day,
IMS noticed that the lady lawyer came to see His Lordship with 3 Ghana-Must-Go
Bags. The lady lawyer however didn’t leave with the bags named after Nkrumah’s
country.
You
remember Bonti Onuigbo? You don’t remember? I told you he was a close friend to
Uba’s PA. You now remember him? One day, Onuigbo said he followed the PA to a
guest House where Justice Adeniji was staying. At the guesthouse, Onuigbo assisted
the PA to bring down one big Ghana-Must-Go Bag from the vehicle and he helped
him to carry it to the building. Onuigbo was panting by the time he dropped the
bag inside the building. The PA chided his friend for panting. “”Na only 12
Million Naira you carry and you dey pant like this!”
I
also told you that the brothers were monitoring the lawyer’s driver. The driver
was Ndubisi Okafor. He also drove the lawyer to the same guesthouse. This time
around, instead of one GMG Bag, it was three bags. Yes, one, two and three GMG bags that they
delivered to Justice Adeniji. My Lords escorted the lawyer out to the car. On seeing the driver, My Lord hesitated
and asked who he was. The lawyer assured the Honourable Justice that there was
no problem. His Lordship was satisfied. The driver said that His Lordship gave
him N10,000.
I
hope you remember that there were three Justices on the panel. You are not even
asking about the third Judge. Justice Opene allegedly got three GMGBs. Justice
Adeniji purportedly received one plus three GMGBs. My mathematics is not that
good. You can do the maths yourself. Ha! You are now asking about the third
Judge, the youngest Judge.
Well,
some days later, the Most Senior Judge visited the Youngest Judge. They
discussed about general issues in the country. How are the children? How’s your
family? Are you hearing from home? How much is a bag of rice now? How much is
the cost of a Ghana-Must-Go Bag now? Etc. Etc.
Then
gradually, MSJ told YJ that he had come to see him in respect of the appeals
they were handling. He told YJ that he would want him to assist him (Most
Senior Judge) so that the appeal could be allowed because the Governor was interested in the case. In other words, ‘the INEC
Senator’ should be allowed to go to Abuja while the Senator elected by the
people should go to his house.
My
Lord Justice Akaahs must have caught his breath. He realized what was at stake.
Slowly but bravely he spoke: “I have a
long way to go in the Judiciary and I wouldn’t want to soil my reputation.”
MSJ had heard enough. He had expected it to be 3-0, a unanimous judgment. But
with this Mr. Reputation refusing kolanut, it would have to be 2-1. Well,
that’s still something.
The
Middle Judge heard that YJ –Mr. Reputation was not going to play ball. Justice
Akaahs was not going to soil his hands with the oily kolanut. Well, Mr.
Reputation or No Mr. Reputation, the GMG was not going to be returned. He was
said to have turned to the Youngest Judge and told him: “a person who allows his head to be used to break a coconut, will not
leave to eat it.” Ha! From Kolanut to Coconut! Oginni!
On the
day the appeal was adjourned to for judgment, the Court Room was filled to the
brim. The parties and their counsel occupied all the seats in the court. There
was not a single seat that was not occupied. And it was just 8am in the
morning. Judgment would be delivered by 9am.
8.30.
9.00.
The people in court waited to hear the familiar knock announcing the entrance
of Their Lordships. No knock came.
9.30.
No knock.
10.00.
No knock.
10.30!
If there was any knock, it must have been from the party leaders who were
knocking the floor with their walking sticks.
Then
by 11am, the knock came! GBA! GBA! GBA! Court!
Justice
Opene saw that the crowd was agitated. He apologized for the delay. He informed
the eager faces that he had received a lot of phone calls and threats. But he
assured the litigants and their supporters that they would go ahead and deliver
their judgments.
Now,
let me explain something for the benefit of those who are not learned in law.
And this is not part of the story, please. An appellate court or tribunal is
usually composed of odd-number judges. This is to ensure that in case the
judges are unable to arrive at a unanimous position, the majority decision will
be the decision of the court/tribunal. Majority carries the vote? Exactly! The
minority decision is the dissenting judgment. In such a case, the majority will
deliver their judgment first, followed by the minority judgment. I hope you
understand. Very good.
Ki
ni scores? You recall that the score was 2-1. Following the usual practice, the
Most Senior Judge and the Middle Judge who were the majority were expected to
deliver their judgment first. This is where the story get k-leg!
Most
Senior Judge asked the Youngest Judge, the Minority Judge, the Dissenting Judge
to read his minority judgment which the Most Senior Judge called the Lead
Judgment! You are confused? You are not alone! Those who were in court were
also confused.
Well,
My Lord Justice Akaahs had no kolanut in his mouth and he was not scared of
coconut. His Lordship delivered his minority decision – which MSJ had called
the Lead Judgment. He dismissed Mr. Uba’s appeal. 1-0
Justice
Opene nodded and he began to read his judgment. Halfway into the judgment,
Ukachukwu and his supporters realized what was going on. They saw that His
Lordship was going to uphold Uba’s appeal to make it 1-1 and that Justice
Adeniji would read his concurring
judgment, thereby making it 1-2 against him.
Suddenly
there was uproar in Court! We no go gree o! We no go gree! In vain the Court
Registrars shouted: Order! Order! Order! Seeing the pandemonium, their
Lordships rose. This is how a witness described the scene: “The three Justices – Opene, Adeniji and Akaahs started running away.
So he (Justice Opene) could not conclude his judgment.”
So
what happened after the rowdy scene in court? Ukachukwu sent a petition to the
President as well as to the Chief Justice of the Federation as the Chairman of National
Judicial Council. Anambra Democratic Vanguard sent another petition to NJC.
Anambra Democratic League also sent in its own petition. The three petitions
were against MSJ and MJ. Anambra Democratic Lawyers also sent in a petition,
this time, against only Justice Akaahs. The address given by the last
petitioner, the Anambra Democratic Lawyers, was found not to exist.
NJC
set up a panel of three experienced Justices headed by Justice Owolabi Kolawole
(Regular readers of this blog are already familiar with His Lordship. Please
read Awujale’s case and Ayinla Omowura’s story). Justice Olakanmi and Justice
Darazo were the two other members.
The
Panel sat. Petitioners were called. My Lords who were accused of kolanut
reception were also called. The Youngest Judge was also called. Witnesses
testified. The panel considered the case for and against.
In
its report to NJC, the Panel found that: “The allegations against the two Court of
Appeal are very serious and sad. The evidence against the two Justices is so
overwhelming. They put their integrity as Judicial Officers in great dispute.
The three Justice of the Court of Appeal sat to hear appeals in Enugu; only one
of them, the youngest, did the Judiciary proud. He is Justice K. B Akaahs.”
Notwithstanding
that Justice Opene had only one year left to retire from the Bench, the Panel
recommended that “he should be removed by dismissal from the judiciary to serve
as a deterrent to others.”
With
regard to Justice Adeniji, the Panel recommended that he “be removed as a
Judicial Officer by dismissal in order that it may serve as a deterrent to
others.”
NJC
accepted the recommendations of its Panel against the Justices. NJC further
recommended to the President that the Justices be sacked.
On
May 3, 2005, President Olusegun Obasanjo approved the recommendations of the
National Judicial Council for the dismissal of the two Justices.
But
that’s not the end of the story. Justice Adeniji went to Court to challenge his
dismissal from the Bench. In 2014, the Court of Appeal struck out his
Lordship’s appeal from the decision of the Federal High Court. The Appellate
Court, of which he was a former member, held that the appeal was incompetent as
it could not be remedied.
Justice Adeniji continues to maintain his innocence.
According to His Lordship:
“It was the evidence of Ndubuisi
Okafor that was used against me and the court correctly found that it was
wrongly ascribed to me and expunged same from record. This means that the whole
charge against me has gone. Curiously, however, the same court that established
this vital point still went ahead to dismiss my suit. That was why I described
that judgment as an open-ended judgment… Of course, I cannot go back to the Bench
again because I have passed retirement age. But if they clear my name, let them
pay me my entitlements and then I can go in peace. I will leave the rest to
God. God knows those who contrived this callous act and He will surely judge
everybody.”
I rest my case. I thank
you for your time.
Onigegewura©
More people need to read this, if not every well-meaning Nigerian.
ReplyDeleteThanks for reading this story.
DeleteIf we can't have trust in our judicial system, our nation is indeed doomed by decadence and rot!
ReplyDeleteIf we can't have trust in our judicial system, our nation is indeed doomed by decadence and rot!
ReplyDeleteThe judiciary is the hope of common man. Justice Kumai Bayang Akaahs demonstrated that in this story. Thanks for your time.
DeleteWhat was the reward of the yj,he should have been elevated to the sc as incentive and encouragement
ReplyDeleteHon. Justice Kumai Bayang Akaahs is now in Supreme Court. Many thanks for reading.
DeleteFor creating a niche for yourself in embarking on historical Odyssey, I doff my hat. Every student of knowledge should avail himself/herself the opportunity of staying glued to this interesting blog.
ReplyDeleteThank you very much.
DeleteVery interesting. Keep it up bro.
ReplyDeleteThis is interesting to know that judiciary in Nigeria has been a tool of distraction and spoiler for a long time. God help us.
ReplyDeleteIt is a true story, but the writer is a fantastic story teller. Well done
ReplyDeleteI think it is important to purge the Judiciary especially because even the court registrars are now having the effontery to demand riduculous amount as bribe before they would do their work.
ReplyDeleteI hope we can have a repeat of this.
ReplyDeleteBut nowadays, both appellant and plaintiff are attempting to bribe judges especially in election cases