‘Kogun Chambers, Jesus Arena Tel: 08100000758, 08100000759
Itedo Road, Off Admiralty Way, Lagos 08033016673, 08033246500
Lekki Peninsular Scheme 1, Lekki, Lagos
PRESS RELEASE
JUDGMENT FOR SALE: ADEGBORUWA SUES JOE IGBOKWE, WANTS AGF TO PROSECUTE HIM, ASKS HIM TO STEP ASIDE FROM PUBLIC OFFICE
The case of the Facebook post of All Progressive Congress chieftain, Mr. Joe Igbokwe, accusing the Supreme Court of selling justice to the governor of Rivers State, Mr. Nyesom Wike, has now taken a new dimension, as legal luminary and human rights activist, Ebun-Olu Adegboruwa, has filed an action before the Federal High Court, Lagos, seeking to sanction Mr. Igbokwe, for what he considered to be his reckless utterance against the judiciary. Named as defendants in the suit are the Attorney-General of the Federation and Mr. Joe Igbokwe. In the suit, Mr. Adegboruwa is asking the court to direct Mr Abubakar Malami, SAN, to invite Mr. Joe Igbokwe for interview in order to give him the opportunity to substantiate his allegation against the judiciary, failing which he should be prosecuted and sanctioned. He is also asking Mr. Igbokwe to step down and vacate his office as General Manager of Lagos State Wharf Land Fee Collecting Authority and Public Relations Officer of the All Progressive Congress, and also a declaration that Mr Igbokwe is not a fit and proper person to be elected or appointed into any public office in any part of Nigeria.
On July 16, 2018, at about 15:20pm, 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.”
on his Facebook page. Upon reading it, Mr. Adegboruwa immediately took up Mr. Igbokwe, to substantiate the allegation. Similarly, the Rivers State Government also demanded explanations from Mr. Igbokwe and threatened court action. Subsequently, the Chief Justice of Nigeria, invited security agencies to probe Mr. Igbokwe’s allegations and deal with the judges found culpable and if the allegations are false, to take appropriate steps to prosecute Mr. Igbokwe.
Rather than withdraw the offending post, Mr. Igbokwe proceeded to issue a more comprehensive post, wherein he specifically stated 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 new suit, Mr. 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. Mr. Adegboruwa is contending that as a public officer, Mr. Igbokwe should be involved in disparaging other public institutions and that his offending post is a clear case of abuse of public trust for which he should be sanctioned appropriately. He contends further that the Attorney-General of the Federation, being the leader of the official Bar in Nigeria and chief law officer of the federation, is the one best placed to take up the case against Mr. Igbokwe, on behalf of the judiciary, lawyers and indeed the general public.
Other reliefs being sought in the case are as follows:
“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.”
The case, numbers as FHC/L/CS/1240/2018, is yet to be assigned to any court for hearing, but the detailed suit is reproduced herein.
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 )RESPONDENTS
2.MR. JOE IGBOKWE )
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.
Dated this……………….. day …………………………….2018
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 ) RESPONDENTS
2.MR. JOE IGBOKWE )
AFFIDAVIT IN SUPPORT OF ORIGINATING SUMMONS
I, EBUN-OLU ADEGBORUWA, Legal Practitioner, Human Rights and
Pro-Democracy Activist, Community Leader and Public Defender of Lekki,
Lagos, do hereby make oath and state as follows:
1.That I am the applicant in this suit by virtue of which I am conversant with the facts deposed to in this affidavit.
2.I am a Citizen of the Federal Republic of Nigeria and a registered Legal Practitioner.
3.I am a Legal Practitioner resident and carrying on legal practice in Lagos and other parts of Nigeria. I am bound by the laws of Lagos State and of Nigeria and interested in the running of the affairs, administration and government of Lagos State and of Nigeria.
4.I contribute to the economic prosperity of Lagos State and of Nigeria, I pay my tax and partake in other various ways in the development and progress of Lagos State and of Nigeria. I am also an employer of labour in Lagos State and other parts of Nigeria whose income can be and indeed will be affected in one way or the other by the running of the administration and government of Lagos State and of Nigeria.
5.I am primarily engaged in the practice of law, from which I earn my living and support all my dependants and I am affected by comments made against the judiciary in Nigeria, especially the Supreme Court of Nigeria and such comments, where they are negative, they will hugely affected my patronage and they will affect the confidence of people in the judiciary generally and thus lead to loss of income and revenue for me and for other lawyers in Nigeria.
6.I am permanently resident in Lekki, Lagos, Nigeria and I am daily affected by the economic, political and other policies and programmes of government of Lagos State and of Nigeria. I also have family members and other dependants resident and carrying on business in various parts of Lagos State and other parts of Nigeria.
7.My law office and library are based in Lekki, Lagos State but I have and service clients cutting across the length and breadth of Nigeria.
8.I am a leader in my church and in my community where I reside in Lagos. I am listed in Nigeria’s Who is Who and I have a great stake in the outcome of the leadership and administration of Lagos State and of Nigeria.
9.I was called to the Nigerian Bar in 1995 and a major stakeholder in the judiciary and legal profession in Nigeria. I have about seven lawyers working with me in my law firm and other scores of administrative staff. I am into full time legal practice.
10.I have been an activist for most part of my life defending the rights of the masses. I was Public Relations Officer of the Students’ Union of Obafemi Awolowo University, Ile-Ife and later President of the same union. I was a member of the senate of the National Association of Nigerian Students (NANS). I am a member of Committee for the Defence of Human Rights (CDHR), Civil Liberties Organisation (CLO), Campaign for Democracy (CD), President, GSM Subscribers and Other Phone Users Association of Nigeria and founder of Law and Justice Forum and Millennium Legal Support Services.
11.I have been involved in the struggle for the emancipation of the masses of the people of Nigeria whilst in school and after school, leading to my appointment as Secretary of Joint Action Committee of NADECO in 1997. I have been arrested, detained and maliciously prosecuted in the course of defending the rights of the people of Nigeria, leading to my arrest and detention in Enugu, in various police stations in Lagos during the struggle for the actualization of the June 12 1993 election and at the Directorate of Military Intelligence for more than six months.
12.I am interested in and have a stake in the way and manner Nigeria and Lagos State are governed having suffered and sacrificed for the enthronement of democratic rule in Nigeria, including Lagos State.
13.I have successfully prosecuted several cases on behalf of myself and the masses of the people of Nigeria, such as the case I filed at the Federal High Court in Suit No. FHC/L/CS/1405/2014, between Ebun-Olu Adegboruwa, Esq. v. Attorney-General of the Federation & Ors., to challenge the imposition of toll fee on motorists plying the Ikoyi-Lekki link bridge, wherein judgment was delivered in my favour on 27th March, 2014.
14.I was also the applicant in Suit No. FHC/L/CS/1690/2014, between Ebun-Olu Adegboruwa, Esq. v. Inspector-General of Police & Ors, challenging the forceful restriction of movement of persons during the monthly environmental sanitation exercise, wherein judgment was delivered in my favour on 16th March, 2015.
15.The 1st respondent is the Chief Law officer of the Federation and the Minister of Justice in Nigeria. He is the official leader of the Bar in Nigeria with statutory responsibility to uphold the rule of law, protect and defend the interests of the judiciary and the legal profession generally.
12.The 2nd respondent is a citizen of the Federal Republic of Nigeria who resides in Lagos. He is presently a public servant and General Manager of Lagos State Wharf Land Fee Collecting Authority, an agency/corporation in Lagos State, created by a law of the House of Assembly of Lagos State and he is receiving salary and allowances as such. He is also the Public Relations Officer and spokesperson of the Lagos State Chapter of the All Progressive Congress, a political party registered by the Independent National Electoral Commission to participate in elections in Nigeria and to field candidates in elections and canvass for votes for them.
13.The 2nd respondent opened and maintains a Facebook account in his personal name as Joe Igbokwe and he has scores of thousands of friends and followers who log on to his said Facebook account on a daily basis. Attached herewith and marked Exhibit A is a printed copy of the home page of 2nd respondent’s Facebook page, containing his personal photograph and bio data.
14.The 2nd respondent makes regular posts on his Facebook account, which posts are accessible to members of the general public, his friends and followers. The Facebook account of the 2nd respondent is also available on the World Wide Web (www) and the internet generally and it is open to the entire world for view and access. Facebook has become a convenient mode of communication and assessing public opinion generally and statements and opinions posted therein carry a lot of weight in the mind of the general public.
15.Very recently on or about July 16, 2018, at about 15:20pm of the said day, the 2nd respondent posted a statement on his Facebook page as follows:
“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.”
Attached herewith and marked Exhibit B Series are printed copies of the said post as it appeared on 2nd respondent’s Facebook page.
16.I read the said statement on the Facebook page of the 2nd respondent as I am his friend on Facebook and the said post has been read by all his friends and followers and it is available to the entire world via the internet. The said statement has now been read by millions of people all across the world as it has become the talk of the town.
17.The statement issued by the 2nd respondent is capable of being interpreted and indeed it has the following meanings:
(a)that the judiciary in Nigeria, and indeed the Supreme Court of Nigeria is corrupt;
(b)that there is no transparent system of justice administration in Nigeria, especially in the Supreme Court of Nigeria;
©that judicial officers in Nigeria are not performing their judicial functions and constitutional responsibilities according to their oath of office to do justice to all men and women without bias, favour, ill will or affection;
(d)that judgments of courts in Nigeria, especially that of the Supreme Court of Nigeria, are not based upon the facts and merits of the cases, but they can be and are indeed twisted for pecuniary and selfish considerations by the judges;
(e)that it is possible to pay money for and buy judgments of courts in Nigeria, especially in the Supreme Court of Nigeria;
(f)that the judgment of the Supreme Court of Nigeria, delivered in respect of the petition and appeal challenging the election of Mr. Nyesom Wike as the governor of Rivers State of Nigeria, was bought, paid for and procured by the said Mr. Nyesom Wike from the justices and officials of the Supreme Court of Nigeria;
(g)that the judicial system in Nigeria is corrupt, is not credible, lacks integrity and does not deserve to be accorded due regard and respect; and
(h)that the general public should stop patronizing the corrupt judicial system in Nigeria but to take the laws into their hands and determine and resolve their disputes by themselves and in ways suitable to them.
17.I immediately challenged the 2nd respondent to furnish details of the said statement and to justify same. I also called upon the 1st respondent to take up the 2nd respondent on the said statement. I issued the following statement on my own Facebook page, on the said July 16, 2018, in response to the statement of the 2nd respondent:
“JOE IGBOKWE’S UNPROVOKED MOCKERY OF THE JUDICIARY”
Some few minutes ago, Mr. Joe Igbokwe posted on his Facebook wall, a comment, to the effect that the Governor of Rivers State, Mr. Nyesom Wike, the latter a lawyer and a member of the Body of Benchers, bought his way through the Supreme Court of Nigeria.
I was alarmed at such open declaration, given that I’m part and parcel of the Nigerian judiciary.
Consequently, I urge all lawyers, activists and lovers of the rule of law and due process, to join me to engage Mr. Joe Igbokwe on this rather reckless utterance.
Indeed, it is the height of indignity. By my last reckoning, Mr. Joe Igbokwe is still a public servant, in Lagos State, the land of opportunities, being paid thorough our sweat and labour.
How can such a person paint the entire legal system of Nigeria with such conclusion as that one could buy judgment in the Supreme Court?
It is highly contemptuous, and it is a case that the Honorable Attorney-General of the Federation should take up, as the official leader of the Bar.
Beyond that, the Honourable Chief Justice of Nigeria, the Nigerian Bar Association and the Body of Senior Advocates of Nigeria, should, as a matter of extreme urgency, demand official sanctions against Mr. Joe Igbokwe, on this very grave allegation.
We cannot continue in this culture of impunity, where everything goes and our value systems are being eroded by persons who hold out themselves as uncontrollable.
I verily believe that Governor Akinwunmi Ambode will not subscribe to this open blackmail of the entire judiciary of the nation, by his own appointee.
The All Progressive Congress, of which Mr. Joe Igbokwe prides himself as its spokesperson, is part and parcel of the judiciary, being the party in charge of governance presently.
If the APC cannot rein in Mr. Joe Igbokwe to contain his reckless outbursts, then it should be ready to contend with lawyers and judges, at the appropriate time. I say this because I know that there are law abiding persons in the APC, who should not allow Mr. Joe Igbokwe to pith the party against the judiciary.
Enough of this cheap blackmail please!
Ebun-olu Adegboruwa, Esq.,
16/07/2018.
Lekki, Lagos.”
My statement above was published by several online news media, including Nigerian Lawyer, a copy of which is attached herewith and marked Exhibit C.
18.The government of Rivers State issued a statement challenging the 2nd respondent to justify his statement by furnishing sufficient evidence of such. The said statement was published by many newspapers in Nigeria, especially Vanguard and Thisday newspapers, copies of which are herewith attached and marked Exhibits D and D1 respectively.
19.Upon reading my response to his statement, the 2nd respondent thereafter proceeded to issue another statement on his said Facebook page, on July 16, 2018, at about 18:00pm, which he titled: “Ebun-Olu Adegboruwa Must Hear This”, further disparaging the justice system in Nigeria and accusing judicial officers, including the Chief Justice of Nigeria, of corruption.
“Ebun-olu Adegboruwa Must Hear This!
Yesterday Ebun-Olu Adegboruwa rose to rewrite history by trying to incite the judiciary against me for a matter that has been in the public domain for a while. Ebun wrote that I am insinuating that Gov Nyesom Wike of Rivers State bought his way to the Supreme Court to get justice as if this the first time he is hearing this. The matter has been in the public domain for sometime now about his romance with CJN.
Now let me draw the attention of Ebun Adegboruwa to take notice that this matter is not new. Please Hear what Hon Chibuike Amaechi said in July 30 2017 in PMIN NEWS, POLITICS:
"The current Rivers State Governor, Nyesom Wike once threatened President BUHARI'S administration with fire and brimstone and now brags to his cronies that he has Chief Justice of Nigeria , Justice Walter Onnoghen and the entire judiciary in his pocket where upon he can manipulate any judgement against him."
Ebun should also try to dig into history as a human rights Lawyer to find out the number of people that were killed during the election that produced Gov Wike in Rivers State and check whether the courts remembered them.
Ebun should also dig out the utterances of this Governor and all his threats to perceived enemies and he is still doing so till date. NIGERIA is not a banana Republic.
Lastly, I implore Ebun not confuse himself with my position as Lagos APC Pub. Sec and my life as a writer which dates back to the early 80s. When I hold my own opinion you should take notice and when I speak as APC Pub Sec you should also take notice and be able to differentiate. I am done sir.”
Attached herewith and marked Exhibit E is a printed copy of the 2nd respondent’s post at it appeared on his Facebook page.
20.I know as a fact that the 2nd respondent is not a legal practitioner called to the Nigerian Bar and he is not involved in the system of the administration of justice in Nigeria. He has never filed any case or court process or appeared before any court in Nigeria, especially the Supreme Court of Nigeria.
21.From my personal experience in legal practice, I know as a fact that the system of the administration of justice in Nigeria is to summarise the facts of a case and then proceed to court to file same. Upon closure of pleadings, testimonies of the parties, the judge will proceed to give judgment, one way or the other, according to law and in line with the facts of the case before him. In delivering judgment in any case, the acceptable formula is for the judge to weigh the cases of the parties on an imaginary scale of justice and balance it in favour of the party whose case is more probable and weighty and it is not based on any other extraneous consideration such as monetary inducement, as alleged by the 2nd respondent. The same goes for Election Petition Tribunals.
22.I know as a fact that in 2015, Mr. Nyesom Wike contested for the governorship of Rivers State under the platform of the Peoples’ Democratic Party, whilst Mr. Dakuku Peterside, contested for the same position under the platform of the All Progressive Congress. At the end of voting, the Independent National Electoral Commission declared Mr. Nyesom Wike as the winner of the said election and he was duly sworn in to assume his duties as such.
23.Being dissatisfied with the result of the said election, Mr. Dakuku Peterside and the All Progressive Congress approached the Election Petitions Tribunal to challenge the said election. The case proceeded up to the Supreme Court of Nigeria, which has the final decision in governorship election petititions. Eventually, the Supreme Court upheld the election of Mr. Nyesom Wike.
24.I know as a fact that the judgment of the Supreme Court of Nigeria in the said appeal was not based on any monetary consideration but rather based on law and the facts of the said appeal. In similar fashion, the same Supreme Court also dismissed the appeal in respect of the petition against the election of Mr. Akinwunmi Ambode, who was returned by INEC as governor of Lagos State. The 2nd respondent is a member of the All Progressive Congress.
25.I verily believe that the statement of the 2nd respondent is calculated to intimidate the judiciary, especially the Supreme Court, on behalf of his party, especially as we approach the 2019 general elections.
26.I know as a fact that the statement of the 2nd respondent, to the effect that the judgment of courts in Nigeria, especially the Supreme Court of Nigeria, can be bought and paid for, is not correct and he cannot justify same with credible evidence at all, but was rather made without any substance or justification.
27.That if the 2nd respondent is not restrained by this Honourable Court, he will continue to incite the general public against judges, the courts, the judiciary and indeed the legal profession in Nigeria and this will lead to loss of confidence in the judicial system, which will drive people to take laws into their hands and less patronage of lawyers, and which will result into enormous loss of income for me and for other lawyers in Nigeria.
28.I know as a fact that the 1st respondent is empowered and entitled to invite the 2nd respondent to substantiate his wild accusations against the judiciary, failing which the 1st respondent is entitled to proceed against the 2nd respondent to prosecute him.
29.I know as a fact that this suit is not about monetary claims and no amount of damages or compensation can be paid by the respondents will be able to alleviate the emotional stress, trauma, disruptions and sufferings, loss of business and revenue that I and other lawyers and lovers of justice in Nigeria will suffer on account of the unwarranted outbursts and accusations of the 2nd respondent against the judiciary.
30.I verily believe that it will serve the interest of the people of Nigeria, the legal profession and indeed the judicial system better if the reliefs sought in this summons are granted so that I and other lawyers in Nigeria will not be rendered impotent and financially bankrupt.
31.I know as a fact that the Chief Justice of Nigeria, Honourable Justice Walter Onnoghen has read the statement of the 2nd respondent and he has in turn authorized a probe of the said statement, as reported by Vanguard newspaper of July 19, 2018, a copy of which is attached herewith and marked Exhibit F.
32.I EBUN-OLU ADEGBORUWA, do solemnly and conscientiously swear to this affidavit in good faith believing the contents thereof to be true and in accordance with the Oaths Act.
……………………
D E P O N E N T
Sworn to at the Federal High Court Registry, Lagos,
this ………… day of …………………… 2018
BEFORE ME
……………………………………
COMMISSIONER FOR OATHS
Ebun-Olu Adegboruwa, Esq.,
Lekki, Lagos.
20/07/2018
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