Posted by Tobi Soniyi, Abuja on
Proceedings at the Supreme Court took a dramatic twist on Tuesday as the Chief Justice of Nigeria, Justice Muhammadu Uwais, was accused of corruption in the court.
Proceedings at the Supreme Court took a dramatic twist on Tuesday as the Chief Justice of Nigeria, Justice Muhammadu Uwais, was accused of corruption in the court.
He was, upon that allegation, asked to disqualify himself from a suit before the court between The Honda Place and Globe Motors.
Uwais dismissed the allegation as frivolous, and challenged the lawyer to produce evidence to prove it.
The case involved a dispute over who had the sole dealership of Honda cars at a particular period.
Mr. Euphraim Duru, counsel to Globe Motors, said his client had lost confidence in Uwais as a member of a five-man panel constituted to hear the case.
But the CJN asked the lawyer to report him to the Economic and Financial Crimes Commission and the Independent Corrupt Practices and Other Related Offences Commission, or the police if he had proof of his allegation.
The CJN also faulted the manner in which the allegation was raised.
He told the lawyer that he ought to have come by way of a motion on notice, if he wanted him (Uwais) to disqualify himself.
Uwais said, 'If I disqualify myself, which panel will hear your application?
'As a responsible counsel, I expect you to know the way we do things here."
Responding, Duru said, 'Having made serious allegations against the CJN, we think that the CJN should not be in the panel hearing this case."
Uwais countered, 'This is the panel that heard this case and adjourned it for judgment."
Duru said that he was not opposed to other members of the panel sitting, but that Uwais should disqualify himself.
At this stage, he was called upon to read out the specific allegations levelled against the CJN.
The allegations that he read out were contained in an affidavit sworn to by another lawyer for Globe Motors, Chief Emefo Etudor, who was also in court.
The affidavit argued that a panel of five justices of the court, led by Justice Salihu Modibo Belgore, had earlier dismissed the appeal by The Honda Place and that the appeal was re-listed by another panel led by Uwais.
It reads thus, 'I Chief Emefo Etudor, Legal Practitioner of No. 3 Oliver Tambo Street, Asokoro, Abuja, Federal Capital Territory, a Christian and citizen of Nigeria, make oath and state as follows:
'That I am one of the solicitors to the Respondent/ Applicant in this appeal and I depose to this affidavit pursuant to my instructions as Counsel to the Respondent/Applicant.
'That the said appeal is an interlocutory appeal.
'That the appeal aforesaid was formerly pending before a panel of the Supreme Court, presided over by honourable Justice Salihu Modibo Alfa Belgore, J.S.C., which said panel dismissed the said appeal.
'That the Appellant/Respondent herein-subsequently filed an application for the re-listment of the said appeal, and the application was granted by this Honourable Supreme Court.
'That the Supreme Court panel that heard the application for the said re-listment was presided over by Honourable Justice Muhammed Lawal Uwais, the Chief Justice of Nigeria.
'That the said panel referred to in paragraph 5 above later heard the re-listed appeal and has fixed the 15th July, 2005 for ruling/judgment.
'That since the said re-listment of the appeal, there have been serious petitions, adverse publications in the national dailies as well as a lawsuit by third parties against the person of the Hon. Chief Justice of Nigeria who is the presiding justice in this appeal.
'That in the said publications and lawsuit, adverse and controversial comments/allegations were made against the Honourable Chief Justice of Nigeria concerning, or in respect of this appeal SC/161/2001.
'That copies of the said petitions, publications and/or judicial processes are exhibited hereto as Exhibits, A,B,C,D and E respectively.
'That the contents of the exhibits referred to in paragraph 9 above constitute a public embarrassment to the present panel entertaining the said appeal, of which the Honourable Chief Justice of Nigeria is the presiding Justice.
'That the Respondent/Applicant believes that the impartiality of the said panel cannot be guaranteed under the prevailing circumstances, as the contents of the said exhibits hereto made by third parties may anger their Lordships of the Supreme Court and prejudice the legitimate interest of the Respondent/Applicant in this appeal.
'That it was not the Supreme Court panel that dismissed the said Appeal SC//161/2001 on the 13th February, 2002, that subsequently re-listed it. A copy of the ruling dismissing the appeal is exhibited hereto as Exhibit F.
'That the panel that re-listed the appeal in all terms and ramifications sat on appeal over the decision of the panel that dismissed the said appeal.
'That I swear to this oath in good faith, verily believing the same to be true and in accordance with the Oaths Act."
The contents of the affidavit got all members of the panel exasperated, and they descended heavily on the lawyer.
Justice Dahiru Musdapher was the most infuriated and he reacted first.
He said, 'We cannot be intimidated or harassed. This is a far serious allegation against the Supreme Court.
'You are attacking the integrity of this court, not only for the purpose of this case but for all other cases that come before us.
'You are saying that we have not the competence to sit in any matter again.
'Let the person who told you all these come forward and swear to an affidavit."
At this stage Uwais said, 'You are entitled to your opinion. But show us the authorities you rely on in making your request.
'We follow the law here and not hearsay."
Musdapher was not done. He told the lawyer, 'You are an officer of this court, why do you want to destroy the judiciary because of one case? You need to prove all the allegations because they are criminal.
'What you are saying is beyond fair hearing and natural justice."
It was the turn of Uwais to speak.
He said, 'Do you know that all the justices of this court use Mercedes Benz cars and not Honda?"
Justice Umaru Kalgo also said the matter had gone beyond the stage where any of the panel members could disqualify himself.
Duru told the justices that his client no longer had confidence in the panel; to which Uwais replied, 'Who cares about his opinion, does his confidence matters?
'How can any responsible counsel allow himself to be used? You are sent here to do the dirty job. Where are other senior lawyers who started this case? This is recklessness.
'Remove your wig and step forward to testify. Go ahead and give evidence. Prove the allegations.
'If it is your client that said it let, him come forward and prove it."
The panel members called on Etudor who deposed to the affidavit to stand up and step forward to prove the allegations.
He, however, told them that it was common practice for lawyers to swear to affidavits, and that the matter had not reached a stage for him to give evidence.
'If I am properly invited as a witness, I will testify to the source of my information," he added.
Counsel to The Honda Place, Alhaji Abdullahi Ibrahim, SAN, appealed to the justices to ignore the allegations.
Another Senior Advocate of Nigeria who was in court for a different matter, Alhaji Yusuf Ali, also interceded.
He said that throughout his practice, he had never witnessed a situation where a lawyer would openly accuse justices of the apex court of corruption.
According to him, the matter should be referred to the appropriate organ of the Nigerian Bar Association.
He urged the justices not to lose their temper over the matter.
He also admonished Duru and Etudor that if they destroyed the Bench, there would be no Bar to return to.
At this stage, Uwais delivered a ruling, saying; 'I consider the motions as insulting and contemptuous of this court. They are hereby struck out."
The Punch, Wednesday June 22, 2005