Joe Igbokwe In Trouble For Rascality/ Careless Speech, Dragged To Court

The All Progressives Congress [APC] Lagos Chapter Publicity Secretary, Mr. Joe Igbokwe seems to be in trouble as legal luminary and human rights activist, Mr. Ebun-Olu Adegboruwa, has filed an action against him before the Federal High Court, Lagos for rascality, careless Speech.

In the suit, Mr. Adegboruwa alleged that Mr. Igbokwe accused the Supreme Court of selling justice to the governor of Rivers State, Mr. Nyesom Wike.

The bone of contention was a Facebook post where, on July 16, 2018, Mr. Joe Igbokwe published the following statement:

“Wike will not have the audacity and the temerity to kill again in Rivers State and run to the Supreme Court to buy justice. It will never happen again in Nigeria where Buhari is the president.”

After reading it, Adegboruwa immediately asked Mr. Igbokwe to substantiate the allegation.

Defiant, Igbokwe issued another offensive post specifically stating that the Chief Justice of Nigeria was under the influence and payroll of Mr. Nyesom Wike.

In a 32 paragraph affidavit deposed to in support of the suit, Adegboruwa is claiming that Mr. Igbokwe’s post is capable of generating loss of confidence in the judicial system, which will discourage people from seeking redress from the law courts and which will in turn lead to lawlessness and resort to self-help and rule of the might.

He also said that it will lead to loss of patronage for lawyers, who would no longer be able to handle cases in court, given that it is now possible to buy justice with money.

Also, the legal luminary lamented that as a public officer Mr. Igbokwe should be involved in disparaging other public institutions.

The human rights activist noted that his offending post is a clear case of abuse of public trust for which he should be sanctioned appropriately.

Mr. Ebun-Olu Adegboruwa also noted that the AGF is the one best placed to take up the case against Joe Igbokwe, on behalf of the judiciary, lawyers and indeed the general public.

Adegboruwa, therefore, amongst other things, asked the court to declare that:

• Joe Igbokwe is not entitled to make any statement to the effect that a judgment of the Supreme Court of Nigeria was bought and paid for.
• the statement of the 2nd defendant, to the effect that the judgment of the Supreme Court of Nigeria was bought and paid for is reckless, unjustifiable and amounts to an unwarranted denigration of the integrity and authority of the Supreme Court of Nigeria in particular and the judiciary in general.
• AGF is under a statutory duty to interview, engage and demand from Joe Igbokwe proof of his statement that the judgment of the Supreme Court of Nigeria was bought and paid for
• Joe Igbokwe is not fit and proper person to be elected or appointed into or to hold any public office in any part of the federation of Nigeria.
• Joe Igbokwe, his servants, officers and agents, or otherwise howsoever, will not further issue, uttering, publishing or making any statement, of and concerning the judiciary and the legal profession in Nigeria, capable of undermining the credibility, authority, integrity and sanctity of judgments of the Supreme Court of Nigeria and of all other courts in in Nigeria, generally.
• Joe Igbokwe forthwith vacate, relinquish and surrender any and all public positions that he presently occupies.”

Other respondent in the suit is the Attorney-General of the Federation [AGF], Mr Abubakar Malami, [SAN].

The case, numbers as FHC/L/CS/1240/2018, is yet to be assigned to any court for hearing.

In a similar vein, the Rivers State Government has also demanded explanations from Mr. Joe Igbokwe or face legal action.

ElombahNews was reliably informed that the Chief Justice of Nigeria [CJN] has asked security agencies to probe Mr. Igbokwe’s allegations and deal with the judges indicted.

However, if the allegations are false, CJN asked them to prosecute Joe Igbokwe.

See the suit attached below:

IN THE FEDERAL HIGH COURT

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

SUIT NO: FHC/L/CS/1240/2018

BETWEEN:

EBUN-OLU ADEGBORUWA, ESQ. (APPLICANT

AND

1. ATTORNEY-GENERAL OF THE FEDERATION,
2. MR. JOE IGBOKWE) RESPONDENTS

ORIGINATING SUMMONS

BROUGHT UNDER:

1. SECTIONS 2, 4, 5, 6, 15 (3) (A) & 41, 42 & 46 OF THE 1999 CONSTITUTION
2. ARTICLES 12 & 13 OF AFRICAN CHARTER ON HUMAN & PEOPLES’ RIGHTS
3. SECTION 153 OF THE 1999 CONSTITUTION
4. UNDER THE INHERENT JURISDICTION OF THE HONOURABLE COURT

LET THE RESPONDENTS, of Lagos in the Lagos judicial division within thirty days after service of this summons on them, inclusive of the day of such service, cause an appearance to be entered for them to this summons which is issued upon the application of Ebun-Olu Adegboruwa, Esq., of ‘Kogun Chambers, Jesus Arena, Itedo Road, off Admiralty Way, Lekki Peninsular Scheme 1, Lekki, Lagos who claims (to be aggrieved over the statement of the 2nd defendant to the effect that a judgment of the Supreme Court of Nigeria was bought and paid for, which statement is without any substance and has rendered the judiciary and the entire legal profession in Nigeria liable to public ridicule and opprobrium), for the determination of the following questions:

1.Whether the 2nd defendant is entitled to make the following statement, of and concerning the judiciary, the Supreme Court of Nigeria and the legal profession in general, as stated in his Facebook post of July 16, 2018, at about 15:20pm:

“WIKE WILL NOT HAVE THE AUDACITY AND THE TEMERITY TO KILL AGAIN IN RIVERS STATE AND RUN TO THE SUPREME COURT TO BUY JUSTICE. IT WILL NEVER HAPPEN AGAIN IN NIGERIA WHERE BUHARI IS THE PRESIDENT.”

2.Whether the statement of the 2nd defendant, to the effect that a serving governor in Nigeria, Mr. Nyesom Wike, bought and paid for a judgment of the Supreme Court of Nigeria, is justified, justifiable or warranted.

3.Whether in the circumstances of the judiciary of the federal republic of Nigeria presently, it is possible to pay for and buy judgment in the Supreme Court of Nigeria.

4.Whether the statement of the 2nd Defendant, to the effect that Mr Nyesom Wike, being the incumbent Governor of Rivers State of Nigeria, bought and paid for a judgment of the Supreme Court of Nigeria, is not capable of undermining the credibility integrity, acceptability, functionality, sanctity and supremacy of the judgments of courts in Nigeria, especially the Supreme Court and thereby undermine the trade and practice of the Applicant and other lawyers in Nigeria.

5.Whether the statement of the 2nd defendant, to the effect that it is possible to buy judgment from the Supreme Court of Nigeria, is not reckless, jaundiced, mischievous and a deliberate assault upon the judiciary of Nigeria, the legal profession in Nigeria, capable of ruining the trade and practice of the Applicant and other lawyers in Nigeria.

6.Whether it is proper and lawful, for any citizen of Nigeria, especially one occupying any position of public trust, such as the 2nd defendant, to make a statement capable of undermining the good reputation, credibility, integrity and honour of the judiciary, especially the Supreme Court of Nigeria and the legal profession in general, to the detriment of the trade and practice of the Applicant and other lawyers in general.

7.Whether the 2nd defendant is not liable to defend, substantiate and prove his statement that the judgment of the Supreme Court of Nigeria was bought and paid for, failing which he should be sanctioned, damnified and prosecuted by the 1st defendant.

8.Whether the 1st defendant, as the official leader of the Nigerian Bar, is not under a statutory duty to uphold, defend and protect the judiciary of Nigeria, all judicial officers and indeed the legal profession, by taking up, engaging and prosecuting the 2nd defendant for his reckless statement that the judgment of the Supreme Court of Nigeria was bought and paid for.

9.Whether the Applicant is not entitled to an order of this Honourable Court, directing the 1st defendant to interview, engage and demand from the 2nd defendant, proof of his statement that the judgment of the Supreme Court of Nigeria was bought and paid for, failing which the 1st defendant should proceed to prosecute the 2nd defendant.

10.Whether in view of this statement, to the effect that a serving governor in Nigeria, Mr. Nyesom Wike, paid for and bought a judgment of the supreme Court of Nigeria, the 2nd defendant is a fit and proper person to be elected or appointed into any public office in any part of the Federation of Nigeria.

WHEREFORE the Applicant seeks the following reliefs against the Defendants:

1.A DECLARATION that the 2nd defendant is not entitled to make any statement to the effect that a judgment of the Supreme Court of Nigeria was bought and paid for.

2.A DECLARATION that the statement of the 2nd defendant, to the effect that the judgment of the Supreme Court of Nigeria was bought and paid for is reckless, unjustifiable and amounts to an unwarranted denigration of the integrity and authority of the Supreme Court of Nigeria in particular and the judiciary in general.

3.A DECLARATION that the 1st defendant, being the leader of the official Bar in Nigeria and the chief law officer of the Federation, is under a statutory duty to interview, engage and demand from the 2nd defendant, proof of his statement that the judgment of the Supreme Court of Nigeria was bought and paid for, failing which the said 1st defendant should proceed to prosecute the said 2nd defendant.

4.A DECLARATION that the 2nd defendant is not a fit and proper person to be elected or appointed into or to hold any public office in any part of the federation of Nigeria.

5.AN ORDER directing the 1st defendant to forthwith interview, engage and demand proof from the 2nd defendant, of the latter’s statement that the judgment of the Supreme Court of Nigeria was bought and paid for, failing which the said 1st defendant should forthwith prosecute the said 2nd defendant.

6.PERPETUAL INJUNCTION, restraining the 2nd defendant, his servants, officers and agents, or otherwise howsoever, from further issuing, uttering, publishing or making any statement, of and concerning the judiciary and the legal profession in Nigeria, capable of undermining the credibility, authority, integrity and sanctity of judgments of the Supreme Court of Nigeria and of all other courts in in Nigeria, generally.

7.AN ORDER directing the 2nd defendant to forthwith vacate, relinquish and surrender any and all public positions that he presently occupies