By CHUKS EKE
A Legal Adviser to immediate past Governor Willie Obiano, Barrister Bartholomew Okafor-Onyilo has dragged the Registered Trustees of the Nigerian Bar Association, NBA and Secretary of NBA Disciplinary Committee, Barrister Emeka Onyeaka to a Federal Capital Territory, FCT High Court sitting in Abuja, alleging that they breached his right of fair hearing..
In an Originating Summons filed at the High Court Registry on his behalf by his legal counsel, Tochukwu Nwachukwu, a copy of which was made available to newsmen, the claimant, Okafor-Onyilo is claiming the sum of N10 million from the defendants as general damages, excluding the cost of litigation.
The claimant is also seeking a declaration of the court that the defendants’ finding and recommendation against him is ultra vires, illegal, null and void and of no effect.
A declaration that the Claimant, as a legal adviser to the government is entitled to own an opinion on a decision of the supreme Court and such opinion is protected under Section 39(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
A Declaration that the claimant was denied fair hearing by the constitution of the Committee and at the same time, the Committee did not serve him any Notice of Hearing before releasing its findings and recommendations.
An Order of the Court setting aside the Finding and Recommendation contained in the Panel Report dated August 25, 2020 against the claimant.
The court is expected to commence hearing of the suit at Gwagwalada High Court on Tuesday, April 5, this year.
Also in an affidavit in support of the Originating Summon, the claimant deposed that the immediate past Deputy-Governor of Anambra State who also was the Chairman of the boundary committee, sent an application for boundary demarcation by one of the parties in the protracted land dispute between Ukpo and Abba Communities in Anambra State his (Claimant’s) legal Advice.
He further deposed that upon his perusal of the judgment of the Apex Court attached to the application, he forwarded his Legal opinion thereto dated 11th June, 2019 to the Deputy-Governor, adding that surprisingly, the said Legal opinion which was communicated to the Deputy-Governor was leaked to one of the parties in the Land dispute, the applicant for boundary demarcation.
He noted that on 24th June, 2019, the applicants for the Boundary demarcation through their solicitors, wrote to him to recant his legal opinion with veiled threat against his person, stressing that owing to his refusal to recant the said Legal opinion, the said party through their Legal representative, on 6th August, 2019 filed petition to the NBA’ Headquarters against him and two other lawyers alleging amongst others that they filed a Motion to re-litigate a matter already concluded by the Supreme Court.
Insisting that he was neither a party to any of the parties in the dispute nor has any interest in the land dispute except the legal opinion which he made in his official capacity as the Legal Assistant to Deputy Governor, the 1st Defendant by a letter dated 20th August, 2019 and served on him on the 12th September, 2019, requested that he respond to the said petition. The said letter and the petition is marked as Exhibit BOO1.
He said immediately the Petition was forwarded to him, most National media outfit (print and electronic media) published the petition including radio Nigeria that also carried the news on its Saturday morning broadcast of 14th September, 2019, adding that he filed his response to the petition which was dated 16th September, 2019 and served same on the 1st defendant and waited for the hearing of the Petition and the his response is marked as Exhibit BOO2.
“I did not receive any other correspondence or notice from the defendants till Saturday, 4th April, 2020 when the entire media industry was agog with news of my invitation to face the Disciplinary Panel of the NBA at the National Headquarters, Abuja. The news was also aired by the National Broadcast of the radio Nigeria and carried by national dailies, copies of which are marked as Exhibits BOO3 and BOO4 respectively”.
“One of the Newspaper publications stated that the Secretary of the NBA Disciplinary Committee, Mr. Emeka Onyeaka “wrote against the three lawyers on behalf of Ukpo community.”
“My discreet investigation revealed that the 2nd defendant who is also the Secretary of the NBA Disciplinary Committee, Mr. Emeka Onyeaka was an interested party in the land dispute. He was an elected official of Awka Indigenes Resident in Abuja. Awka is a neighbouring town to Ukpo and shared ancestral affinity with Ukpo. Ukpo town is one of the parties in the celebrated land dispute”.
“I know as of fact that the Secretary of the NBA Disciplinary Committee, Mr. Emeka Onyeaka is an interested party in the Ukpo/Abba land dispute of which I gave a legal opinion which was considered by Ukpo indigenes and sympathizers including Emeka Onyeaka as against the interest of Ukpo town”.
The said Secretary of the NBA Disciplinary Committee, Mr. Emeka Onyeaka, usurped his office as the Secretary of the NBA Disciplinary Committee to release the petition and the processes of the proceedings to the media which is a subject of ongoing litigation in the FCT High Court.
“Irked by the media campaign of calumny against my person, I wrote a complaint letter to the 1st Defendant dated 6th April, 2020 which is marked as Exhibit BOO5 but the defendants did not respond to the said letter”.
“I further instructed my counsel to apply for the certified true copy of the record of proceedings of 4th April, 2020 to enable me prepare for my defence of the petition and on the 29th May, 2020, my counsel submitted the application dated 27th May, 2020 at the registry of the 1st defendant in Abuja”.
“I was informed by my counsel and I verily believed him as there is nothing to suggest otherwise to me that he confirmed from the 1st defendant’s secretariat that the panel could not sit due to COVID 19 lockdown and that parties will be communicated on the next hearing. The copy of the acknowledgement of my counsel’s letter dated 27th May, 2020 is marked as Exhibit BOO6.
“The 2nd defendant herein filed his statement of defence to the said suit on the 26th January, 2021 and exhibited the Hearing Notice of 4th April, 2020 and the panel report and its finding and recommendation against me. The copies of the said hearing Notice and the panel report dated 25th August, 2020 are marked as Exhibit BOO8 and Exhibit BOO9.
“I was never invited to any sitting of the panel to defend the petition. The panel report which contained the finding and recommendation against me has never been served on me till date. The panel report was signed by the 2nd defendant herein at a time when the case of libel that I commenced against him over the publication of the petition to the media was pending”.
“That I depose to this affidavit in good faith conscientiously believing same to be true and in accordance to the Oaths Act Cap 333 LFN 2OO4 Laws of the Federal Republic of Nigeria”.
