The percentage of Judges and Magisterates in Nigeria,who have
the tendency to sacrifice their integrity and career on the altar of
filthy lucre are increasing by the day.
Most Nigerians, have a tale or the other to tell of their experiences
in the courtrooms, good or bad, with the latter case occupying the
majority position.
Interim injunctions, rulings and delivered judgements from the court
rooms in the country have always attracted comments,questions and
debates among the people, who still view the Judiciary,as the last
resort and only hope of the common man.
However,the common man still finds it difficult to come to terms with
the fact that the financial position of an individual determines what
he comes out with from the court room.
In 2004, Justice Stanley Nnaji of the Enugu state Judiciary was
suspended from office by the National Judicial Council(NJC), for
ordering the then Inspector General of Police, Tafa Balogun, to remove
the then Anambra state Governor, Chris Ngige from office.
Also in the same year in Enugu state, Justice Anthony Onovo,ofthe
Nsukka Judicial Division,was asked by the then Chief Justice of Nigeria
and Chairman NJC to give reasons for delivering a controversial
judgement.
Justice Onovo’s judgement had led to the demolition of a six bedroom
bungalow,Nursery and Primary school and a poultry farm at No. 29 John
Nwod close, Government Reservation Area,Enugu. The property belonged to a
couple-Obed Chukwunedum and Linda Menakaya.
Following a petition written by to the Chief Justice by
Menakaya,which alleged perversion of justice between Menakaya and one
Dr.Harry Ezim-a United States of America based legal practitioner, the
Chief Justice in a letter dated May 24, 2004,with reference No.
NJC/873/1/185, requested Justice Onovo to respond ”urgently” to the
petition.
Before this time Justice Onovo was transferred in 2002 from the Enugu
Judicial Division toNsukka Judicial Division,but for undisclosed
reasons, he continued to adjudicate on some cases, he was in charge in
Enugu, before his transfer to Nsukka.
Of worry, is the fact that similar instances abound in several court rooms in the country,today.
Interestingly,the then state Chief Judge, never authorized Justice
Onovo to conclude pending cases in his court before his transfer. This
exposed his hidden interests in those cases.
The case between Dr. Ezim and Menakaya is one of such cases.
On 3, July, 2001, Dr. Ezim had instituted a suit in the state high
court,against the 78year old retired Chief Agricultural Officer,in the
old Anambra state, in a bid to claim ownership of No. 29 John Nwodo
close.
In the suit No. E/18301,2001, Dr. Ezim prayed the court to declare
that, he legitimatley acquired the property from the siblings of a
deceased, Gabriel Okiyi, a close friend of Menakaya.
Indeed, court rooms are increasingly becoming waiting rooms of injustice.
But Menakaya through his counsel,Chief Anthony Mogboh, a Senior
Advocate of Nigeria(SAN) countered Dr. Ezim’s claim. Chief Mogboh stated
that his client bought the land from late Okiyi, when he was Director
in the Ministry of Agriculture in the defunct East Central state and
thereafter, proceeded to build a six bedroom bungalow, a poultry farm
and a Nursery and Primary school. He maintained that his client,had
lived there since 1981.
Surprisingly, on 19 March,2004, Justice Onovo delivered judgement
against Menakaya. In his judgement,Justice Onovo declared Menakaya a
tresspasser on the land,while also ruling that Dr. Ezim was the rightful
owner of the disputed property.
Less than an hour after the judgement was delivered, Dr. Ezim
mobilised 15 thugs,three anti riot policemen and 14 policemen from the
Police Area Command, Enugu and one Ugwu, the then Chief Bailiff of the
Enugu state High court to eject Menakaya and his family.
On Monday,March 22, armed with a ”warrant of possession”,which Dr.
Ezim claimed originated from Justice Onovo, and a caterpillar,the entire
buildings were demolished.
Menakaya’s case is just one out of several thousands that have gone
unnoticed. Indeed,it is very odd for some questionable legal
practitioners to relocate their chambers to beer parlours,in
residential areas.
Their motives are reflected in a beer parlour operator’s words: “We
always have our LLB, BL, beer parlour here for us,this is his
chambers”.
Of interest,is the desperate attempts by individuals,who have
acquired illegitimate wealth to invest same in landed properties in
major cities in the country, of course,this can only be possible with
the seal of the court rooms,and the footsteps of the law enforcement
agents.
Are these attempts having the consent of the authorities that be ? Hopefully not !
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