Ifeanyichukwi Okonkwo V. Federal Republic Of Nigeria & Anor (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment)

In an originating summons dated and filed on 20/2/08 at the Registry of the Federal High Court, Abuja, the Appellant had submitted the following questions for determination by that Court:-

“1. Whether in purview of the cases of: OGUGU vs. STATE (1994) 9 NWLR (port 366) 1 and F.R.N. vs. IFEGWU (2003) 15 NWLR (part 842t 113, the proceeding of the Supreme Court in suit No. SC/12/2007 dated 29/1/2008 Exhibit ‘1’ decided without offering the Applicant (the 8th Respondent/Applicant in the suit) opportunity to be heard is not a flagrant violation of his fundamental rights secured and guaranteed in section 36(1),(2)(a) and 294(1) of the 1999 Constitution; and Articles 2,3, 7(1) & 19 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap. A9 L.F.N. 2004. Therefore null and void?

2. Whether having due regards to the pronouncements and unfounded condemnation of the person of the Applicant by the agents of the Respondents Coram:

ALOYSIUS IYORGYER KATSINA-ALU J. S. C. (PRESIDING), GEORGE ADESOLA OGUNTADE – J.S.C., MAHMUD MOHAMMED – J.S.C., FRANCIS FEDODE TABAI – J.S.C., IBRAHIM TANKO MUHAMMAD – J.S.C., PIUS OLAYIWOLA ADEREMI – J.S.C., CHRISTOPHER MITCHEL CHUKWUIIM-ENEH – J.S.C., daring the proceeding of 29/1/2008, in suit No. SC/123/2007, extensively published by the media represented in Exhibits 3,4,5,6,7, 8,9 and 10 and the evidence in support of this Application, are not in violation of the Applicant’s fundamental human rights provided in sections 36(1), 34(1)(a), 36(5),(6)(a),(b),(c ) & (d), (7),(8) & (12) of the 1999 Constitution; and Articles 2, 3,4,7(1)(a),(b), (c ), (2), 26 & 28 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap A9 L.F.N. 2004?’

The Appellant then sought for reliefs as follows from the Federal High Court in the same summons:-

“1. A DECLARATION that the proceedings by the Supreme Court in suit No. SCC/123/2007 dated 29/1/2008, Exhibit ‘2’ conducted without offering the Applicant (the 8th Respondent/Applicant therein) a hearing as borne out in the said ruling, which did not contain any iota of evidence of the submissions by the Applicant The ruling dated 29/1/2008 without hearing the Applicant are illegal and unconstitutional as it contravened the Applicant’s fundamental rights to fair hearing guaranteed by section 36(1),(2)(a) & 294(1) of the Constitution of the Federal Republic of Nigeria 1999, and Articles 2,3,7(1) & 19 of The African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap. A9 L.F.N. 2004.

2. A DECLARATION that in the proceedings before the supreme court in appeal No. sc/123/2007 the hearing conducted on 29/1/2008 without offering the Plaintiff who is the 8th Respondent/Applicant in the said proceedings fair hearing by the Respondents agents PER CORAM: ALOYSIUS IYORGYER KATSINA-ALU J.S.C. (PRESIDING), GEORGE ADESOLA OGUNTADE – J.S.C., MAHMUD MOHAMMED – J.S.C., FRANCIS FEDODE TABAI – J.S.C., IBRAHIM TANKO MUHAMMAD – J.S.C., PIUS OLAYIWOLA ADEREMI – J.S.C., CHRISTOPHER MITCHEL CHUKWUMA-ENEH – J.S.C., is a clear manifestation of real likelihood of bias against the Applicant, by giving the impression that they wanted the Applicant convicted and sent to jail without due process of law.

A DECLARATION that the pronouncement of Justice ALOYSIUS IYORGYER KATSINA-ALA J. S. C. (Presiding) in suit No. SC/123/2007 on 29/1/2008 to wit:

‘(a) Mr. Okonkwo you are not a fit and proper person to be in the comity of decent human being Jungle must be your place.

(b) Mr. Okonkwo you can now go and sit down, and say nothing again. All I wanted is that people should just know the type of person you are. I just called you out for everybody to see you for what you are.’

Constituted a gross violation of the twin pillars of natural justice, therefore, the words used are illegal and unconstitutional.

4. A DECLARATION that the pronouncement of justice George Adesola Oguntade J.S.C. in suit No. SC/123/2007 on 29/1/2008 to wit:

‘(a) We know your antecedent. Every election year, you contest election Every election you contest, you lose. Every election you lose, you go to Court And each time you go to Court you are settled by politicians.

(b) We want to maintain the highest standard of Justice.

The sum total of your position is that you accepted money to withdraw from the case, but later turned around to blackmail the Governor and say that you have been compromised and asking the Court to set aside the judgment I have a feeling that you are a crook and one of those exploiting politicians and making things difficult for them to rule this country and go about exploiting politicians.

(c) You ore most irresponsible citizen of this country going about to blackmail people. You are a common crook. You wrote a letter demanding a balance of the money and you were paid You are not a human being but a wild animal. You have proved yourself to be a crook.