In Nigeria, there are many agencies saddled with the responsibility of upholding the rule of law and over the years, people have looked up to them as institutions that should be respected. But a look at some happenings reflects that the institutions saddled with the duty of maintaining law and order now take delight in flouting the rules. Yejide Gbenga-Ogundare reports.A court of law is seen even by the average Nigerian as a place where the rule of law is respected at all costs. In fact, many times, the judiciary has been described as the last hope of the common man. The sanctity provided by the institution is so sacred that many people would not want to be found erring in this line.However in Nigeria, especially in the last one year, cases abound of situations where the sanctity of the court was torn into shreds. What makes this odd is the fact that in many of these cases, the rule is broken by the custodians of the law.On January 24, 2012, there was rumble at the Imo State High Court sitting in Owerri as lawyers took on men of the Nigeria Police in a combat that had all the characteristics of free for all wrestle mania.The lawyers were forced to ditch their gowns and wigs and abandon their cases to defend their colleague, Lagos-based Barrister Emeka Ozoani, who was illegally arrested within the court premises where he had gone to argue a case. The lawyers were infuriated at the cowboy style of arrest of men of the Nigeria Police led by a police lawyer representing Julius Berger Plc, Barrister Kumbe, and ASP P. Njoku of thelegal department of Zone 9, Umuahia, who had gone to arrest a lawyer who had committed no crime in a court of law.It took the intervention of the Chief Judge of Imo State, Justice B.O Njemanze, to quell the pandemonium after which the lawyer ended in the hospital for three weeks.On April 4, 2012, Magistrate Aderonke Oshoniyi of a Lagos Magistrate Court sitting in Ikeja ordered the arrests of about 13 journalists covering the Lagos State judiciary while they were carrying out their duties within the court premises. The journalists were beaten and forcefully arrested as well as detained for over two hours while their cameras and phones were also taken and pictures of the assault deleted from the memories.It took the intervention of two Senior Advocates of Nigeria, Deacon Dele Adesina and Sebastine Hon as well as the Chief Registrar of the Lagos State judiciary, Gafari Safari and the Chairman of the Ikeja chapter of Nigeria Bar Association and its secretary, Adebamigbe Omole and Adesina Ogunlana including Joseph Oteh of Access to Justice to get the journalists released.Few weeks later, on April 16, 2012, another drama ensued at the Lagos High Court sitting in Ikeja when operatives of the Economic and Financial Crimes Commission (EFCC) held a Senior Advocate of Nigeria (SAN), Chief Robert Clarke, to ransom for two hours with armed police officers in a bid to arrest his client.The client, Funmi Ademosun, is standing trial alongside the former Managing Director of BankPHB (now Keystone Bank), Francis Atuche, before Justice Adeniyi Onigbanjo over alleged financial impropriety in a suit filed by the EFCC. Immediately after the case was adjourned at 12.50 pm, operatives of the EFCC and armed policemen swooped on Ademosun who was about to enter his lawyer's car and without a warrant of arrest, they demanded that he followed them to their office.Chief Clarke, who formally admonished the officers, said he asked for the warrant of arrest and when they could not provide this, he told them they couldn't arrest him but volunteered to drive his client down to the office of the EFCC for whatever reasons he was needed but the EFCC operatives insisted on riding with him in his car which he also declined.According to Chief Clarke, the EFCC officers insisted that they must take Ademosun with them and when he resisted his client being arrested, the EFCC Toyota Coaster bus with the registration Number AJ134SBG was used to block his black Toyota Sequoia Jeep with the registration number JED3EKY from moving for more than an hour while they stated that they were awaiting further instructions from their office.'As I was just leaving Justice Onigbanjo's court after trial and adjournment with my client, EFCC officials together with gun-wielding policemen said they wanted to forcefully remove my client from inside my car, that he was being arrested. I admonished them and asked if they had a warrant of arrest, they said they did not have and I said they could not arrest without a warrant of arrest.'But they insisted that they must take him and I said I would bring him along. And they also insisted that one of their orderlies should be in my car and I said no way. So, they blocked my car with police and guns all around my car. Later, they said they were waiting for certain instructions. But it's so sad that within the court premises somebody can be arrested without a warrant. It beats my imagination. Something has to be done about the excesses of EFCC,' Chief Clarke said.The drama continued until a quarter past two when another team of armed policemen from the EFCC arrived in a white Toyota Hilux pickup with the registration number Abuja BR728BUR and then escorted Chief Clarke and his client in a convoy of armed security operatives.In retaliation to these acts of desecration and impunity, some victims are not about to sweep the cases under the carpet. Though Chief Robert Clarke (SAN) had decided to leave the case as an elderly man, the Nigerian Union of journalists, Lagos State Chapter, has vowed to make sure Justice Oshoniyi paid for what she did by filing a suit on behalf of the affected journalists.On his part, Barrister Ozoani had filed a N3billion enforcement of fundamental human rights suit against Julius Berger Nigeria Plc and the police to contest his harassment by policemen on the orders of Julius Berger Plc within the premises of the high court of Imo state.The suit is to enforce his fundamental rights to personal liberty, freedom of movement, personal dignity and right not to be subjected to torture or inhuman or degrading treatment.Barrister Ozoani through his counsel, D. C. Denwigwe (SAN) is asking for a declaration of court that his arrest and physical assault inside the court premises on January 24, 2012 by armed officers of the Nigeria Police is a gross violation of his fundamental rights as provided by the Nigerian Constitution and the African Charter.He is also asking for a declaration that his arrest and threat of continued arrest and torture is unlawful and an injunction restraining the police and Julius Berger from further harassing him or infringe on his rights on any issue predicated on the two cases before the court.The harassed lawyer finally asked for an order directing the parties to tender an apology to the applicant publicly through two national newspapers as well as jointly or severally pay the sum of three billion naira as special, general and exemplary damages.These acts have however not been condoned by relevant authorities, the Area F Commander of the Nigeria Police at the time, Noah Adesanoye, was not biased in his assessment of the situation as he insisted that journalists must be respected and protected while on duty. He condemned the action of his men, stating that even if they had to arrest, there must be courtesy extended to every individual.Justice Adeniyi Onigbanjo of a Lagos High Court sitting in Ikeja also condemned the activities of the operatives of the Economic and Financial Crimes Commission in harassing Chief Robert Clarke (SAN) within the court premises while trying to arrest his client, Funmi Ademosun.
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