Hon Justice U. P. Kekemeke sitting at the Federal Capital Territory High Court 4 has declared a statement made by Dame Pauline Tallen, a former Minister of Women Affairs, as unconstitutional and contemptuous of the court.
THE METRO LAWYER (TML) had reported that Tallen, who is a defendant in a suit brought against her by the Nigerian Bar Association (NBA), had in 2022 while addressing journalists at the Annual General Meeting of her alma mater, and at a ministerial forum briefing of News Agency of Nigeria (NAN) (video attached) reportedly referred to the judgment of a Federal High Court in Suit No. FHC/CS/YL/12/22 between Mallam Nuhu Ribadu vs APC & 2 others, as a “Kangaroo Judgment”.
Describing the comment as unfortunate, the NBA President Y. C. Maikyau, SAN OON had, in a letter to Dame Pauline Tallen, asked her to withdraw the comment and tender an unreserved public apology to the court within seven days, or face litigation. When the time elapsed, the NBA filed a case against her in the FCT High Court with Suit No.: CV/816/2022, asking for several reliefs.
See details of the reliefs HERE
At the hearing today, 18th December, 2023 the court, after examining the evidence adduced by both parties including the video evidence tendered by the claimant’s counsel, Anne Uruegi Agi, Esq., ruled as follows:
“Even though the defendant alleged that the burden is on the claimant to prove section 131 of the Evidence Act, that newspapers are documentary hearsay, that breach of oath of office is not actionable; that the standard of proof is that of balance of probability; that a party can not rely on the weakness of the other party to succeed; (court cited several authorities) but the Claimant relied on exhibits NBA 2,3,4 and the above video clip and the Defendant did not deny attending the said meeting or give evidence of what she said other than what was alleged. The news was in the public domain; sms and letter were sent to the defendant and the defendant had all the opportunity in the world to deny same but claimed being busy and that the suit was hurriedly filed. The defendant did not deny the contents of the publications; what is contained in all the newspaper publications is also in the video clip attached to the further affidavit and the screen grabbed transcript. The video was played in open court, I have watched the video and the transcript and I agree the video shows what the defendant has said. The defendant took an oath to discharge her duty as a Minister of the Federal Republic of Nigeria and to defend the Nigerian Constitution; taking an oath cannot be taken as a mere ceremony. The case had nothing to do with the defendant’s tenure of office, calling the judgment of court a Kangaroo judgment is a desecration of the hallowed temple of justice, demeaning, contemptuous and the utterances of the defendant are a breach of her oath of office; it is such that has lowered the court in the eyes of members of the public and is inciting the public against the court. All reliefs resolved in favour of the claimant (NBA) as the statement is unconstitutional and contemptuous of the court. The defendant is hereby declared unfit to hold or continue to hold any public office, until she publishes an apology letter on a full page of PUNCH and GUARDIAN newspapers within 30days, otherwise an order of Perpetual judgment, restraining her from holding any public office will inure against her.”
Watch the video clip
HERE
Lawyers present in court today hailed the ruling and also the tenacity of the NBA President, for seeing the matter to a logical conclusion. A lawyer who spoke to TML under condition of anonymity said, “I must say this is very commendable. It’s high time Nigerian politicians and other public office holders stopped regarding our courts with disdain. Maikyau has done really well with this case!”
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