BARR. NDIFREKE AQUAISUA VS. EKPRIZ GLADSTONE URUJZIAN & ORS: Undue Interference With The Course Of Justice By The Chief Judge Of Akwa Ibom State And The Attorney General Of The State

BARR. NDIFREKE AQUAISUA VS. EKPRIZ GLADSTONE URUJZIAN & ORS: Undue Interference With The Course Of Justice By The Chief Judge Of Akwa Ibom State And The Attorney General Of The State

It would be recalled that one Barr. Ndifreke Aquaisua, instituted Suit No. HT/9/2022 In Ikot Ekpene  judicial division against Ekpriz Gladstone Urujzian, Chief Judge of Akwa Ibom State, Attorney General of Akwa Ibom State snd Judicial Service Commission Over the alleged illegal appointment of the current Chief Registrar of Akwa Ibom State High Court, Ekpriz Gladstone Urujzian.

The case was fixed for 7th April, 2022 and from available records, the plaintiff filed a motion on 1st April, 2022 seeking the following reliefs:

1. An order granting leave to the plaintiff/applicant to lodge an official report with the Independent Corrupt Practices and other Related Offences Commission against the 1st defendant/respondent under Section 19 of the Corrupt Practices and other Related Offences Act for investigation of the criminal aspect of the case.

2. An order that the order of this court whenever made be served on the Independent Corrupt Practices and other Related Offences Commission for action/compliance.

3. And for such further order and other orders as this honourable court may deem fit to make in the circumstances of this case.

On the said 7th April, 2022, the plaintiff was in court and the matter was listed for the first time on the Court's cause list but to the surprise of the plaintiff, he was informed by the court official that the case file has since been withdrawn from the court and transmitted to Hon. Justice Archibong Archibong who is sitting in High Court number 2 Uyo at the instance of the state Chief Judge, Hon. Justice Ekaete F. Obot and the Attorney General, Uko Essien Udom, SAN who are all parties to the action. 

Upon further enquiry, the plaintiff was furnished with a photocopy of the court order by the defendants' counsel issued under the hand of the Chief Judge. The order reads thus:

"UPON READING THROUGH THE APPLICATION OF Uko Essien Udom, SAN, Hon. Attorney General & Commissioner for Justice, seeking permission for Suit No. HT/9/2022 pending at High Court, Ikot Ekpene to be transferred to another High Court in Uyo Judicial Division for ease of Prosecution;

AND AFTER CONSIDERING all the issues involved and in the interest of Justice;

IT IS HEREBY ORDERED THAT the suit listed in the schedule below now pending at High Court, Ikot Ekpene be and is hereby transferred to High Court No. 2, Uyo for re-assignnent to any other Judge in Uyo Judicial Division for hearing and determination;

IT IS FURTHER ORDERED THAT copies of this order be served on Parties and Counsel concerned". A copy of the court order is attached below.

As at press time, it was not certain whether Hon. Justice Archibong Archibong has assigned the case file to any other Judge of his own choice. 

A careful perusal of the court order indicates that the Attorney General who is one of the defendants in the case wrote to the Chief Judge Hon. Justice Ekaette F. Obot who is also one of the defendants in the case requesting for the transfer of the case.

Unfortunately, against the rule of fair hearing, the purported letter or application was not served on the plaintiff as at the time the application to transfer was made by the 3rd defendant and granted by the 2nd defendant.

The most shocking part is the way the defendants have by themselves caused the case to move from the registry of Ikot Ekpene judicial division to Uyo Judicial Division in a commando style. One may ask, is that not interference with the cause of justice? Certainly it is because from all indications, It is only the defendants who made the application and another defendant granted the application without recourse to the plaintiff. 

From our investigation, the judiciary seems to suffer certain setbacks which may not augur well with the present agitation for the independence of the judiciary arm of the government. For instance, for the first time in the history of Akwa Ibom State Judiciary, the next most senior judge by tradition is expected to serve as the Administrative judge sitting in the judiciary headquarters. That is not the case in Akwa Ibom State judiciary because the next most senior judge is now sitting as an administrative judge outside the judiciary headquarters based on reasons best known to the system. 

It apoears from all indications that the action of the defendants amounts to forum shopping or efforts at interfering with the course of justice which has been highly condemned by the Supreme Court in the case of Aondoakaa vs. Hon. Emmanuel Obot.

As at close of work today, 7th April, 2022, the plaintiff did not know the whereabouts of the case file and no date was taken because there was no case file in Ikot Ekpene High court. 

Although it appears that the case may suffer setbacks but justice is paramount.