The Illegal Incarceration Of Inibehe Effiong By Power-Drunk Chief Judge Of Akwa Ibom, By Elias OzikpuPrevious reports that some members of the NBA went underground, surreptitiously pressured Inib
My contention is that Ekaette did not follow due process in her “conviction” of Inibehe. She did not allow Inibehe to enjoy the constitutional provision of fair hearing, generously provided and guaranteed under section 36 of Nigeria’s Constitution. Is Ekaettesaying that Section 36 or any part of Chapter 4 of the Grundnorm, is not applicable to Inibehe Effiong as a Nigerian citizen?
Section 36[1]: “In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted IN SUCH MANNER AS TO SECURE ITS INDEPENDENCE AND IMPARTIALITY.”
I further seek the indulgence of my reader to quote relevant judicial authorities to enable us examine whether or not EkaetteObot’s decision to condemn Inibehe to one month in prison was judicially and judiciously exercised.
Finally, the law is very clear that once certain steps have been recommended to follow before any person can be deprived of their right[s], those steps must be followed strictly. The accuseror whoever has no right to employ shortcuts to achieve their aims like Ekaette Obot did in the case of Inibehe Effiong.
The questions are: did Ekaette Obot, Acting Chief Judge of Akwa Ibom State High Court, observe any step recommended by the law [including conducting trial] before she arbitrarily “convicted” Inibehe Effiong? Was Inibehe granted fair hearing in line with the position of the law as copiously captured above? Sadly, the answers returned with a very loud NO; again, in capital letters.
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