Enugu CJ and Imperatives of Cleansing the Judiciary
The last time the Enugu State judiciary was enmeshed in high magnitude controversy was during the impeachment of the former Deputy Governor, Sunday Onyebuchi, ostensibly for rearing poultry in the Government House. A statement by the Enugu Rescue Group, condemned in the strongest terms the composition of the Investigation Panel by the State Chief Judge, CJ, Justice Innocent Umezulike. It condemned is strong terms what it termed clear partisan attitudes of the panel, especially its insistence, against medical advice, that the deputy governor return to trial immediately, even on a wheel chair, after he fainted before the panel during trial. Why the hurry since the panel constitutionally had three whole months to complete its assignment?
The other anger was over the secret trial of Mr. Sunday Onyebuchi. The press and members of the public were barred from the hearing. This secret trial was one of the major grounds the impeachment was subsequently quashed by the court.
Today, the State judiciary is in the news again for the wrong reasons and Justice Umezulike is at the centre of the storm, but this time, on allegations of misconduct and forgery against him and the Director of Litigation and Court Division.
According to media reports, the National Judicial Council, NJC, in a letter with Ref No. NJC/S.14/HC.EN/1/IV/327, queried Justice Umezulike over an allegation that he accepted N10 million donations from a litigant before his court.
This was sequel to a petition by an Enugubased lawyer, Mr. Peter Eze, who alleged that the CJ invited a litigant who was a plaintiff before him to the launching of a book he wrote, and accepted a donation of N10 million from the litigant.
In the petition with Ref No. MSC/23/2016 dated February 19, 2016, the petitioner also alleged that the CJ “altered a court order, for the purposes of assisting a judgment creditor to gain possession of a parcel of land in dispute.”
Citing many instances of misconduct against the CJ, Eze said he had earlier forwarded two petitions dated October 27, 2014, with reference No. MISC/45/2015, and another one on December 9, 2014, to the NJC, noting that the CJ issued a warrant of arrest against him allegedly not unconnected with his criticism of the N10 million donation and request for the CJ to transfer the case for conflict of interest. Describing the order for his arrest as a gross abuse of judicial power and his fundamental rights, Mr. Eze told the NJC it was meant to intimidate and cow him for complaining about the earlier misconduct of Justice Umezulike.
In addition, he said has been harassed by the police sent on exile, while his legal practice has virtually ground to a halt all because he pointed out to Justice Umezulike that it was wrong for a judge to invite a litigant who is a plaintiff in his court, to a launching of a book written by him (Umezulike), and accept a donation of N10 million from the litigant.
Noting that his previous petitions against the CJ were not given proper attention, the petitioner added: “It is my fervent prayer that this time, my complaints are seen to be grave enough to warrant a panel of enquiry being set up to investigate Hon. Justice Umezulike”.
Before the latest report, media was also rife with reports of the directive by the Attorney General and Minister of Justice directing the NJC and the Inspector-General of Police to investigate alleged forgery of a Judgment Order by the CJ and the Director of Litigation and High Court Services in Enugu State.
This was consequent upon a petition dated 25th November 2015 by Mr. Eze. According to the reports, on 25th June 1985, Justice P. K. Nwokedi, the Chief Judge of Anambra State (who later became a Justice of the Supreme Court of Nigeria) delivered a judgment in Suit No. E/170/76: Nnaji & Ors. V. Nwugwu Ors awarding the Umunneshi Family of Umunaji Ngene, Amechi Uwani (plaintiffs), title to a parcel of land known as “Agbirigba UmuNeshi.
However, in 2009, Mr. Aneke and the Chief Judge of Enugu State allegedly forged a Judgment Order in the said suit, in which Justice Umezulike claimed that he heard the said suit in 1985 and delivered judgment in the suit without mentioning that the suit was heard by Hon Justice P. K. Nwokedi. The Order was issued under the hand of Hon. Justice Umezulike dated 25th June 1985 and also supposedly signed by Mr. Vin Aneke, Director, Litigation and Courts Division.
Surprisingly, Hon. Justice Umezulike was called to the Nigerian Bar in 1980 and was only elevated to the Bench in 1993. In other words, the CJ was neither a judge nor in the High Court in 1985. He was not even a High Court Judge in old Anambra State in the first place.
Mr. Vincent Aneke, on the other hand, was called to the Nigerian Bar in 2002. He was neither a lawyer in 1985 nor the Director of Litigation and Courts Division, in the High Court of Anambra State in 1985.
To worsen the whole scenario, Mr. Eze has also flaunted purported Deed of Gift showing how Mr. Aneke got gratification in parcels of land from those who took possession of the land in question vide Warrant of Possession (beneficiaries of the alleged forged Judgment Order) as well as a receipt showing how Aneke sold two plots of the land (plots 42 and 44) on 26th November 2010 at the cost of N1 million to one Mr. Ndubuisi Stephen of Umunnukwu, Amechi-Uwani, Awkunanaw, Enugu State.
Meanwhile, the CJ and the Nigeria Bar Association, NBA, Enugu Branch are having running battle such that the Chairman of the Enugu Bar, Dr. Osita Nnamani Ogbu, was prevented from rendering his address in the tradition of the Bar and Bench during the opening of the 2015-2016 Legal Year in Enugu State. But for protests, a junior lawyer outside Enugu Bar would have spoken for Senior Advocates within the jurisdiction, whereas there were many SANs to do that.
In a recent open letter to the CJ published in national dailies, the Enugu Bar lamented the deterioration of Enugu judiciary, including exorbitant and unreceipted fees, difficulty in securing transfer of cases, retention of a retired officer (Mr. Vin Aneke) as the Director of Litigation and high Court Services, delay in the assignment of cases, delay in disposal of cases, delay in obtaining of court records, lack of guidelines for the appointment of judges of lower courts, paucity of bailiffs, and high charges by bailiffs, among others.
While I don’t support the singling out of the judiciary for crucifixion as any corruption/misconduct therein is a reflection of the rot within the larger Nigerian society, it needs be stressed that like Caesar’s wife, Nigerians expect members of our judiciary, especially their Lordships, to be above board. In fact, if the judiciary sanitises itself such that there cannot be pervasion of justice no matter the affluence and influence of the persons involved, corruption and abuse of power in the other arms of government and society will drastically reduce.
The Justice Umezulike saga also seems to justify the advocacy that serving judicial officers should not be members of the NJC. Umezulike is a serving member of the NJC, occupying one of the few seats allocated to the states. Could this explain why the previous petitions by the petitioner and others never saw the light of the day? Also, just as it is difficult for a Minister of Justice and Attorney General to charge his fellow cabinet Ministers to court over any crime, how easy is it for the NJC to sanction one of their own?
We must also de-politicise the appointment of judges and magistrates. Experience, competence, and integrity should be the watchword. The appointment of Justice Umezulike as the CJ in 2004 was enmeshed in controversy. Whereas the Hon. Justice Ralph Agbo was the most senior serving judge in Enugu State at the time, former Governor Chimaroke Nnamani was said to be uncomfortable with him. Justice Agbo was, therefore, moved to the Court of Appeal, allegedly to pave way for Umezulike.
In fact, he was allegedly appointed a judge in the first place after a mere 13 years at the Bar. Even at that, allegation making the round is that he didn’t have deep legal practice and had no known personal law office where he practiced law before his appointment into the bench. Citing the many criticisms of his judgment by the Court of Appeal, they insist that but for that fact that he served as the Personal Assistant to the former Minister of Justice and Attorney General of the Federation, Clement Akpamgbo, he wouldn’t have been considered ahead of other more qualified persons.
While nobody should jump into conclusions yet, let nothing be swept under the carpet also. Did Umezulike invite a litigant to book presentation and accept N10 donation? Did he forge a Judgment Order? Did Aneke take gratification? Only a thorough and swift disposal of this matter can give more credibility and momentum to the anti-corruption crusade of the present administration.