Akwa Ibom Government Opposes Lawyer’s Appeal Against Contempt Conviction
The Akwa Ibom State Government has taken a stance against the appeal filed by Nigerian lawyer Inibehe Effiong, challenging his conviction for contempt by a State High Court in Uyo, Akwa Ibom State. This move was revealed through a counter affidavit filed at the Court of Appeal in Calabar, Cross River State.
Effiong, a human rights lawyer based in Lagos, was sentenced to 30 days imprisonment on July 27, 2022, by Justice Ekaette Obot, the chief judge of Akwa Ibom State. The sentence was based on what the trial judge described as “unruly behavior.”
Effiong subsequently filed an appeal in August 2022, seeking to overturn his conviction for contempt. Femi Falana, SAN, his lawyer, argued on nine grounds, asserting that the trial judge had erred in convicting and sentencing Effiong.
Falana contended that the facts cited by Justice Obot did not amount to contempt of court and that Effiong’s conviction violated his right to a fair hearing, as Justice Obot had acted as both accuser and judge, contravening Section 36(1) of the 1999 Constitution as amended.
Effiong announced via social media platform X that the case was scheduled for hearing on March 18, 2024, for the first regularisation of the appeal’s record. However, the appellate court did not convene as planned. Additionally, he revealed that the Akwa Ibom State Government had filed a counter affidavit opposing his motion for an extension of time to regularise the appeal record, indicating a strong objection to the appeal’s consideration on its merits.
Efforts to obtain comments from the Attorney General of Akwa Ibom State, Uko Udom, were unsuccessful.
Effiong’s legal troubles stem from his representation of Leo Ekpenyong in a defamation case involving former Governor Emmanuel. Justice Obot had ruled in favor of Emmanuel, ordering Ekpenyong to pay N1.5 billion in damages. Ekpenyong later engaged Effiong to challenge the judgment, resulting in its reversal.
During subsequent court proceedings, Effiong objected to the presence of armed police officers, leading to his imprisonment for contempt by Justice Obot. This action drew condemnation from various quarters, including civil society groups and the Nigerian Bar Association, who criticized the judicial process surrounding Effiong’s conviction.
