Army Defence Lawyer Dragged Before NBA Disciplinary Committee

Mr. Michael Owolabi, the Defence Lawyer in the case involving the Nigerian Army and Maj-Gen. Ijeoma N. Ijeoma has been dragged before the Nigerian Bar Association (NBA) and Legal Practitioners Disciplinary Committee over alleged obstruction of justice.

Maj-Gen. Ijeoma is one of the 38 senior officers contesting unjust retirement in 2016.

Owolabi was dragged before the two legal institutions by the General who has accused him of deliberately constituting a clog in the wheel of justice through some unprofessional antics and delay tactics.

Gen. Ijeoma, in a letter dated December 3, 2018, said Owolabi’s action could combine to violate his rights to fair hearing and ultimate justice if the lawyer’s conduct is allowed to stand.

The aggrieved senior officer, had in the letter sighted on Monday, listed instances where the Nigerian Army Defence Counsel had in the last two years, adopted several measures to deny him of justice.

There was a sudden twist in the case involving the “Claimant in Suit No. NICN/ABJ/262/2016, between Major General Ijioma Nwokoro Ijioma vs. Nigerian Army, Minister of Defence, Chief of Defence Staff & Chief of Army Staff, before his Lordship Hon. Justice E. N. Agbakoba, of the NICN No. 2, Abuja Division”, on November 19, 2018, being the date fixed by the trial judge for delivery of final judgment, when Owolabi tabled a petition dated October 30, accusing the trial judge of biase.

Ijeoma regretted that the letter from Owolabi on the day of judgement, alleging bias against the person of Justice Agbakoba, which was “forwarded to the President of the National Industrial Court of Nigeria, on October 31, 2018 and in a rather commanding and arrogant tone, urged his Lordship to recuse herself from the case” ended up to scuttle the judgement.

“Though my counsel had argued otherwise, giving copious reasons why the Petition, which was only brought to his knowledge some minutes before resumption of sitting for the day should be discountenanced, including the fact that the President of the Industrial Court to whom the said Petition was addressed and served since October 31, 2018, had not issued any directive on it, such as would prevent his Lordship from proceeding with the case, his argument never saw the light of day, as his Lordship decided to adjourn sine die, for reason earlier stated,” he argued.

General Ijeoma further said, “We were many that were ignominiously thrown out of service, accused of all manner of offences, including corruption. Because I believe I am innocent of the many allegations levelled against me, I came before the temple of justice, seeking justice and to clear my names of the allegation of corruption and several infractions levelled against me by the Military hierarchy, only for a minister in the very temple of justice to connive with his clients, my adversaries, to seek to subvert my quest of for justice. He has conducted himself in a manner inconsistent with his professional calling.

“To the best of my knowledge, I have always been present in court on every adjourned dates, except for the representation at the proceedings of November 19, 2018, by one Captain David O Yuguda, representing the 1st and 4th Defendants, there has never been any form of representation for them. Thus if there is any allegation of bias impugned against the integrity of the trial judge, it is based on the erroneous presentation made to the 1st and 4th Defendants by the counsel concerning his Lordship. They (1st and 4th Defendants) who never had any representative in court, could not have formed any opinion of the judge whom they never listened to, or observed in open court.

“As a Major General of the Nigerian Army, I dare that the alleged representation by one Captain David O. Yuguda, representing the 1st and 4th Defendant, is suspect, as I know that under normal circumstances, the COAS cannot have a Captain represent him on any occasion. It is belittling the court to have a captain represent the Nigerian Army and the Chief of Army Staff.

“I have no doubt you will do the needful under the circumstances and puta stop to this type of practice from legal practitioners who are supposed to be ministers in the temple of justice.”