Written by At least 6 members of staff in the office of the Attorney General of the Federation are privy to a plot to discredit Honourable Justice Stephen J. Adah, of the Federal High Court, Ikeja, Lagos.
Mr. Mohammed Bello Adoke (48) is the Chief Law Officer of the Federation of Nigeria and as he is also the Minister of Justice he is effectively the boss of the grandpas and grandmas sitting in the Federal High Courts and in the Supreme Court of Nigeria. To that extent he can ill afford bi-partisanship in the performance of his statutory duty.
But on available evidence, Mr. Adoke is a prisoner both of the PDP, the ruling party and his own staff in the Ministry of Justice. They toss him around like a rag doll and he doesn’t know it.
In the case of some members of his staff I can confirm that Mr. Adoke is seldom made aware of court proceedings in which he featured as a Defendant.
Proceedings against KLM – Royal Dutch Airlines
In February 2011, I instituted proceedings against KLM – Royal Dutch Airlines and 3 others, namely; Attorney General of the Federation, Comptroller General of Nigeria Immigration Service, and, Minister of Foreign Affairs.
In due course, 4 legal practitioners (they call themselves “Counsel”) appeared before Honourable Justice Stephen J. Adah, of the Federal High Court, Ikeja, Lagos.
A Mr. S.E. Elema, of Usman & Elema of 81 Mobolaji Bank Anthony Way, Ikeja, Lagos, filed a Counter Affidavit on behalf of KLM – Royal Dutch Airlines.
Ms Clara Mbachu, of Kenna & Associates (current address unknown) filed a Counter Affidavit on behalf of the Attorney General of the Federation
Mr. M.A. Abubakar, a (legal assistant in the Office of the Comptroller General of the Nigeria Immigration Service), filed a Counter Affidavit on behalf the Comptroller General of the Nigeria Immigration.
Well over 3 months following the issuance of the Originating Summons, a Mrs. Sarah H. Daniel, suddenly appeared and claimed to represent the Minister of Foreign Affairs.
There is no conclusive evidence that they were briefed or instructed by any person other than the fact which has come to light that, Mr. Abubakar brought them into the case, to repreent the Attorney General, KLM, and Minister of Foreign Affairs.
Mr. Abubakar was the only person who served me with a Memorandum of Appearance.
Discovery of conduct tending to pervert the cause of justice
In the words of the Holy Bible – Isaiah –
“Those who oppress me shall feed on their own flesh; they shall get drunk on their own blood.”
On 26 July 2010 being the final day of the hearing of my suit against the aforementioned Defendants, Mr. Abubakar, who has oppressed me, from way back to 2010 in Abuja, entered the court, completely dazed with confusion.
He did not remember which of the Defendants he was representing. He said that he was representing the Attorney General, Minister of Foreign Affairs, Nigeria Immigration Service. Just before he was about to say that he was also representing KLM – Royal Dutch Airlines, he suddenly woke up from a trance. He apologized.
Quite definitely the Holy Spirit arrested Mr. Abubakar and put him to shame. But, in fact he spoke the truth in that court room on that day.
Attorney General had no knowledge of case – Abubakar instructed those lawyers
Having regard to the poor quality of advocacy by the 4 Counsels (including Abubakar), I decided to make enquiries.
I therefore, made contact with the Attorney General’s Office and also with the Minister of Foreign Affairs.
The Attorney General’s Office did not brief Clara Mbachu or her firm – Kenna & Associates. Mrs. Sarah H. Daniel was not known at the Ministry of Foreign Affairs.
Abubakar confession
On 8 August, 2011, I telephoned Mr. Abubakar. He finally confessed that “the Attorney General does not know anything about your case. You see all those lawyers we all work for the Attorney General. He doesn’t have to know”
Material irregularity vitiates fair hearing
Whichever way one looks at this case, the integrity of Mr. Adoke has been compromised. Luckily for me, the trial Judge did not deliver judgment on 29 July, 2011, as he had previously indicated.
I use the word “luckily” advisedly.
Where a trial of an action has taken place, but before judgment is given or delivered, matters came to light, matters which clearly breach the code of conduct laid down pursuant to the Legal Practitioner Act; matters which amount to impersonation and false pretence – an Affidavit was sworn on behalf of the AG, even though he knew nothing of the case – the trial Judge has no alternative but to give Summary Judgment, as if the Defendants had not filed any Defence.
The only other important task for the trial judge is to assess Damages basing himself on all the circumstances of the Plaintiff’s Claim.
