IN THE HIGH COURT OF LAGOS STATE
IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT COURT 31
BEFORE HON. JUSTICE M. O. OBADINA (MRS.)
TODAY WEDNESDAY THE 3RD DAY OF OCTOBER 2007
SUIT NO:ID/908/2003
BETWEEN:
MOROOF AYINDE LATEEF CLAIMANT
AND
1. CHIEF JUDGE OF LAGOS STATE DEFENDANTS
2. MISS S.O.NWAKA(IN HER CAPACITY
AS CHIEF MAGISTRATE 1, COURT 5,
EBUTE-METTA)
RULING
The contemnor is the claimant in this action. He is claiming among other reliefs a declaration that he has legitimate and constitutional right to practice and consult commercial law as a means of livelihood. He elected to prosecute his action in person. This is his constitutional right and he has been doing so since the inception of this case in 2003,
In view of the many procedural lapses and inappropriate legal arguments he has been filing, the court wanted to know the extent to which a private citizen can defend himself in person, whether it includes filing motions bringing forth legal arguments, citing authorities and so on. On the 13th of June 2007, the court directed parties to file written submissions on this issue so as to guide the court.
The claimant filed his written submission dated 27th June 2007. The written submission was full of personal abuse and insults on the court. When the case came up for hearing on the 11th of July 2007, the court pointed his attention to certain paragraphs of the said written address and asked if in his view those paragraphs were not contemptuous. He read out the paragraphs and instead of withdrawing them and
apologizing to the court, he stood his ground and said he was provoked.
One of such paragraphs i.e second to last paragraph at page 1 of the address reads:
"Obviously your Lordship is being biased for asking me to come and address the issues that were not brought your Lordship by the defendant. It is glaring that your Lordship wants to witch-hunt and make me a scape goat for the inept, of the counsel and for filing preliminary objection challenging the counsel's motion paper which your Lordship wants to favour.
Your Lordship seems to be the brain behind the inept practices of the counsel. I have my rights to oppose any application or motion for your Lordship's determination. If dissenting with the decision, upper court will intervene. That's what I said my Lord. With all due respect my Lord, if LL.B, call to bar and membership of
Nigerian Bar Association are paramount in the business of the Honourable Court and reason behind your Lordship telling me to come and address the court for claiming self commercial law practitioner without license, I am equivocally informing your Lordship to resign now. I repeat resign now and vacate the exalted & held in trust for the public and go and seek employment at the vicinity of the N.B.A's office. Law school or Lawyers chambers where your Lordship would be proper to defend and protect call to bar,. LL.B or N. B. A otherwise your Lordship will be held violating Section 1, 9 and 10, 5th Schedule Part I 1999 constitution of the Federal Republic of Nigeria"
Similar abuse and inventives are on pages 2 and 3 of the address. The claimant was to show cause by the 11th of September 2007 why he should not be committed to prison for contempt. He did not file any process in this court. Rather, he wrote petitions to the Hon. Chief Judge and to the National Judicial Council using such language to describe the Judge as inept, intransigent etc.
In fact, on page 4 of his petition to the National Judicial Council, he showed his contempt not only for this court but for the entire Lagos State Judiciary. I quote him. He said in paragraph 2:
"The moment most of the Judges at Lagos State Judiciary sees litigant coming to conduct own cases, they developed headache, they move all round to find excuse to discourage him. They engage in intimidation, harassment, humiliation with conspiracy becoming stronger in their insensitivity towards justice dispensation. Provisions of the Nigerian Constitution become irrelevant and of no value for justice administration. They lack honour and integrity. Some of them will write nonsense and call it justice. Such Judges are Justice Marsh, Olokoba, Adesanya, Shitta-bey and
Obadina. We have enough evidence to prove these claims....."
The contemnor says that he has filed a process at the Court of Appeal. That is within his personal knowledge. There is no process before this court and no order of stay of proceedings of this contempt proceeding.
For the past two adjournments the claimant stayed away from the court. The court had to issue a Bench Warrant for his arrest. Up till this moment, he has shown absolutely no remorse.
The inherent power to punish for contempt is a necessary incident to every court. The power is created and retained for the purpose of preserving the honour and dignity of the court and so the Judge holds the power for the court and for the judicial system.
It is the duty of this court not because it is the object of the insults of the litigant but to preserve the due administration of justice to punish this assault on the court.
I therefore find the claimant liable for contempt of court.
I commit him to Kirikiri Prison for 60 days to purge his contempt. He shall be produced in this court on the 4th of December 2007.
I so order.
HON. JUSTICE M. O.
OBADINA (MRS.)
JUDGE
3/10/07
Counsel: Claimant appears in person Bola Folarin Williams (Mrs.) with Tayo Adedeji
(Mrs.) for the defendants
Procedure) Rules 2004, and ordered that the Counsel should pay N2,500.00 to us. We dissented with the order given on 8/2/07 and filed an Appeal against it. Copy of the court proceeding of 8/2/07 and Appeal Notice dated 27/2/07 respectively are herein attached.
8. The Notice of Appeal dated 27/2/07 was duly served on the Counsel, one Mrs. Bola Folarin-Williams and subsequently filed a Motion of 12/5/07 for stay of proceeding before the court pending determination. Copy each of the Motion and Appeal Notice is herein attached.
9. Two months after filing Motion for stay of proceeding, the Counsel filed a Counter-Affidavit dated 15/5/07 against the Motion for stay of proceeding contrary to Order 59 Rule 1(5) of the Court Rules supra.
10. We filed, a Further Affidavit and a Reply in Point of law each dated 21/5/07 each opposing the Counsel's Counter Affidavit and served same on the Counsel representing the defendants.
11. Upon service, the Counsel went and filed another Motion to correct the errors spotted to the court by us in the Further Affidavit and Reply in point of Law filed by us. We equally opposed the Motion of the defendants filed "by their Counsel vide Preliminary Objection dated 5/7/07 as no provision for such Motion under Order 59 rules.
12. This is where the learned Justice Obadina formed own Motion at the proceeding of 15/6/07 that the -undersigned should come and address the court for claiming self Commercial Law Practitioner if licence to practice as Lawyer.
15. We replied the learned Judge through our Written Address dated 27/6/07. Copy is herein attached for your perusal and will urge you to published the full text.
14. The Court Contempt threat followed as project by Justice Obadina. We reported the threat to the Chief Judge of Lagos State, Hon. Justice Ade Alabi, Court of Appeal in a Motion dated 17/8/07 and Chief Justice of Nigeria/Chairman, NJC, vide copy of letter dated 10/8/07 attached.
15. Justice Obadina defied the Court of Appeal standing orders despite awareness and went ahead with the court contempt project and subsequently pre-empted NJC decision and insubordinated superior authorities. Copy each of the Motion dated 17/8/07 filed at Appeal Court and query issued to Justice Obadina by Chairman, NJC vide letter- ref: NJC/S.949/1/25 of 4/9/07 are herein attached. Please publish them.
Facts against insinuations carved in the Ruling of 3/10/07 by Justice Obadina showing our side are:
(a) The Ruling of 3/10/07 delivered by Justice Obadina was not only a dissension but abuse of power and malice.
(b) She Ruling was abruptly and hurriedly drafted on 3/10/07 out of malice for receiving query from the Chief Justice of Nigeria/Chairman, NJC letter ref. NJC/S.949/I/23 dated 4/9/07 by Justice Obadina. This conspiracy led the committal of the undersigned to prison unjustly.
(c) The Ruling was delivered in opposition and as revenge against Chief Justice of Nigeria/Chairman, NJC, Justice Idris L. Kutigi CON per his letter supra after Obadina J. received same in September 2007.
(d) That the alleged court contempt by Justice Obadina was without any filed Charge against the undersigned for record purposes. In ENWERE V. COP (1995) 6 MiR (299) 555 at 542, parag, D-E per Onu JCA. It was held that “a situation where one is detained under a purported charge without any information filed against him before any law court constitutes improper use of power or flagrant abuse of power.... which stands condemned." Squib publication copy is attached.
(e) Justice Obadina was the Complainant, Prosecutor and Judge of the Court Contempt alleged in the Ruling which contravened the Maxim of "Nemo Judex in Causa Sua" i,e you cannot be a judge in your own cause. Judicial Oath of Office was contravened where her Lordship said:
"... I will not allow my personal interest influence my official conduct and official decision ...,"
(f) That the alleged court contempt without charge ought to have been directed to another Judge to decide but Morenike Obadina J, became the alpha and omega and decided the Ruling of 5/10/07 at whims and caprices. In REX V. OTUBU (1945)9 WACA 20 at pp 21 and 60, it was decided that while any contempt committed out of court can only be dealt with by prefering a charge or filing an information and the crt or judge affected should not try the contemnor so as to keep within the tenor of the maxim which states Nemo Judex in Causa Sua.
(g) That our claim as Commercial law Practitioner being challenged in the Ruling by Morenike Obadina J. was not the business of the court as no application was tabled before the court to opposing our claim. Defendants to suit ID/908/03 have not even file their defences to date talkless of any challenge against our Writ of Summons. No application was brought before the co-art but Obadina J, was only ridicling the Court on issue outside its jurisdiction.
(h) Morenike Obadina J. alleged that there are many procedural lapses and inappropriate legal arguments, we have been filing, as reported. in the Ruling against us. Was this Court Contempt? As Judge who know the court Rules with other discretions at disposal, why can't her Lordship strike out or dismiss our processes if the claims in the Ruling are genuined? Her Lordship further claimed that she wanted to know the extent to which a private citizen can defend himself in person, whether it includes filing Motions, bringing forth legal arguments, citing authorities and so on.
(I) Our position to the insinuations of Justice Obadina in the foregoing statement carved in the Ruling was that the learned Judge did not understand her essence at the exalted seat. The High Court Rules supra under Order 13 Rule 34 mandated thus:
'Where by these rules any act may be done by any party in any proceedings, such act may be done either by the party in person,…’
See Order 50 Rule 1 of the Court Rules supra and Sections 16(l)d (2)c, 17(2)a, (2)e and (5)a of 1999 Constitution of federal Republic of Nigeria for further guidance. Justice Obadina is under Judicial Oath of Office where she pledge that she will preserve, protect and defend the Constitution supra. If the undersigned as Claimant in Suit ID/908/05 before the court, filed Motions, bringing forth Legal arguments, citing authorities and so on, were these called Court Contempt under the rule of law and authorities cited supra? Citing from public documents such as Constitution supra. High Court Rules supra. Evidence Act, Dictonary, Law Reports etc are rights belong to the people in general to guide and protect orderliness in public life. Public documents are free for public consumption.
Morenike Obadina J. said in the Ruling that we wrote petitions to the Hon. Chief Judge and to the National Judicial Council using such language to diseribe the Judge. We confirm having written petitions against her Lordship to the Superior authorities? Was her lordship too big to be reported to Superior authorities? Was Obadina J. directed by the Chief Judge and National Judicial Council (NJC) to take control and decide for them? Is she above the law of the land? Why can(t her allow the Chief Judge and NJC take their decisions for themselves? Obviously, the Ruling of Obadina J. amounts to contempt of authority and the learned Judge ought to be charged accordingly. Whatever we wrote in letters addressed to the Chief Judge and NJC are for their decisions and not for Justice Obadina to insubordinate and treated as Court Contempt against the undersigned. Morenike Obadina J. is too junior to Chief Judge and NJC in her far away Court No, 51 in Lagos Judiciary. The Ruling was unethical to unseat superiors.
(k) The committal of the undersigned to prison by Justice, Obadina was a symbol representing the Chief Justice of Nigeria/Chairman, NJC, Justice Idris L. Kutigi CON at the prison and suffered the brunt for his Lordship -as consequence to his letter addressed to her lordship,
(l) That Justice Obadina was claiming that the undersigned stay away from some past court adjournments but failed to mentioned the date(s) in the Ruling. Her lordship was not saying the truth at all. She went further that she ordered parties in suit ID/908/03 to file addresses before the court on calling self Commercial Law Practitioner. She Mentioned d&te of filing our written address of 27/6/07 but failed to mention date of Written Address filed by the defendants in the Ruling. Were these not dishonesty of a Judge?
Finally, Justice Morenike Obadina is currently facing two Suits ID/797M/07 and ID/68/08. Her Lordship is facing ID/797M/07 along with her Court Registrars while the latter was against her and 3 Ors filed by us to show that nobody is above the law. Justice Obadina will not go with her lordship heinous crimes at the exalted seat against us. Judiciary is not a royal family house. It is own by the public not by Lawyers, Law School or Call to Bar or Membership of NBA. Justice Obadina is operating Bank account, nobody demand her Lordship if she is CIBN member or hold B.Sc (Banking and Finance). Her Lordship go to hospitals to treat ailments. Doctors will not ask if her Lordship is a member of Nigerian Medical Association before being given necessary care. Governor of Lagos State was notknown as Politician but contested No. 1 position in Lagos State and won. INEC did not drive him away for not holding B.Sc (Political Science) or B.Sc (Public Admin.) It is some judges in Lagos Judiciary who formed the habit of insulting public with LL.B Call to Bar etc and terrorised us for not being an NBA member. It is Shameful under the rule of law! No regret or apology about our actions against Obadina J.
Thank you.
Yours faithfully,
for: MORAY KONSULT
MOROOF A. LATEEF
PRINCIPAL PARTNER
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