No More Condemnation for Justice Abang
The judgment of the Port Harcourt Division of the Court of Appeal and the clean bill of health given to Justice Okon Abang by the National Judicial Council mean that the vilified judge can now heave a sigh of relief, writes Tobi Soniyi
For Justice Okon Abang of the Federal High Court, the clearance given to him by the National Judicial Council (NJC) could not have come at a better time. He was still savouring the victory he recorded when the Port Harcourt Division of the Court of Appeal gave judgment in favour of the Ali Modu Sherrif faction of the Peoples Democratic Party. The Court of Appeal judgment appeared to have vindicated Justice Abang who had earlier came to a similar conclusion.
Prior to the Court of Appeal judgment and the clearance given to him by the NJC, the judge had been disparaged, vilified and called all sorts of names because of his position on controversial cases. Some called him the controversial judge. Others described him as a threat to democracy.
In December last year, the National Coordinator of the Human Rights Writers Association of Nigeria (HURIWA) Comrade Emmanuel Onwubiko and the group’s National Director of Media, Miss Zainab Yusuf said that the Nigerian human rights community was “worried by the unconstitutional roles of Justice Abang”.
According to him, Justice Abang’s presence in the bench constitutes grave threat to constitutional democracy.
Onwubiko said that if the NJC refused to ease out Justice Abang from the Justice sector, “the democracy the country is currently trying to build would be irretrievably imperilled”.
Now that the NJC has said the judge did no wrong, those calling for his dismissal from the bench should have a rethink.
NJC had given Abang a clean bill of health with respect to allegations of misconduct levelled against him for given judgment against the Senator Ahmed Makarfi faction of PDP.
In a letter dated 15th March, 2017, and signed by its Secretary, Mr. Danladi Halilu, the NJC said it found no merit in the petition against the judge. He said the council considered the petition against Abang at its meeting of February 23, 2017 and found no merit in the petition.
Abang had on July 29, 2016 declared as illegal the Ahmed Makarfi-led Caretaker Committee of the national leadership of the PDP. He held that the Makarfi-faction was illegal because it was a product of the party’s convention which held on May 21 in Port Harcourt, Rivers State, in defiance of an earlier order of Justice Ibrahim Buba of the Lagos Division of the Federal High Court, which had stopped the said convention from holding.
But the Makarfi faction not satisfied with the judgement wrote a petition to the NJC dated August 25,2016 accusing Abang of assuming appellate powers to seat over the decision of a court of The PDP leadership legal tussle is however far from over. The Supreme Court may still find in favour of the Ahmed Makarfi-led PDP. However, which ever interpretation the apex court favours will only validate the fact that, as a trial judge, Justice Abang is entitled to be wrong or right wrong doing with respect to a petition filed against him by Heritage Bank Plc. The bank had in a petition against the judge accused him of improper judicial conduct and bias against it in judicial proceedings before him.
Apart from the PDP leadership case, another case that had subjected the judge to criticism was the case that sought to remove the governor of Abia State Dr Okezie Ikpeazu from office. Abang had held that the governor lied in the form he submitted to the PDP before he became eligible to participate in the party’s primaries. The judge also ordered the Independent National Electoral Commission to issue a certificate of return to Uche Ogar, the plaintiff.
But in a unanimous judgment, the Abuja Division of the Court of Appeal set aside his judgment and castigated him thoroughly. He was accused of turning the law upside down. Again, the judgment of the Court of Appeal provided critics with another opportunity to disparage the judge. He was called all sorts of names by justices of the Court of Appeal, lawyers and members of the public. However, the case is still on appeal to the Supreme Court. The point is: Justice Abang enjoys the luxury to be wrong or right. It is only the Supreme Court, being the final court, that can not be wrong.
While some of the criticisms were genuine, others were borne out of ignorance of the law. As a trial judge, Abang is entitled to interpret the law as he deems fit. That is why the appeal court and the Supreme Court are there to either affirm his judgment or overrule him.
Though, there are many who disagree with his interpretation of the laws, Justice Abang equally has an array of supporters who see him as a very bold judge who refused to be swayed by adverse public opinion.
“He is a very courageous judge, who is not easily intimidated,’ said Mr Peter Samuel, a lawyer. Samuel believed that Abang has the qualities of a good judge and called on fellow judges to not allow politicians to intimidate them.
While reacting to the judgment of the Court of Appeal which vindicated Abang An Abuja based lawyer, Lenox Kachina said it would go a long way to put an end to the impunity by politicians who take delight in rubbishing the court.
He said “There is this thing about politicians, once a judgement or ruling is not in their favour, the court is bad but once it is in their favour, the court is good.
“This is a very clear issue, a Federal High Court in Lagos had given a verdict over the leadership of the PDP but instead of appealing the verdict, they chose to go to another court of coordinate jurisdiction in Port Harcourt. The court of appeal should be commended on this one” he added.
Some of the criticisms the judge are also not without basis and the judge would be well advised to learn from them.
A Benue based lawyer, Mr Abba John said the duty of a judge is to do justice to the parties before him. This, he explained, requires a judge to give fair hearing to all the parties within the provisions of rules of court. He said: “Perhaps, Justice Abang would have come to a different conclusions if he had afforded all the parties fair hearing. Take the Abia matter for instance. Had the judge allowed the Abia tax authorities to explain the discrepancies in the tax clearances issued to the governor, he would probably have reached a different conclusion.”
The lawyer said the judge had the tendency to be overbearing but was quick to add that this should not be a basis for the Court of Appeal justices to castigate him the way they did adding that, they (the justices) ended up playing to the gallery the manner in which they attacked the judge.
The PDP leadership legal tussle is however far from over. The Supreme Court may still find in favour of the Ahmed Makarfi-led PDP. However, which ever interpretation the apex court favours will only validate the fact that, as a trial judge, Justice Abang is entitled to be wrong or right.