A rejoinder against the Akwa Ibom State Govt misleading information through Mr Essien Ndueso

By

Manfred Ekpe, Esq.


I have read the above title by Mr. Essien Ndueso the SSA to Gov. Umo Eno on Research and Documentation, and my rejoinder is as set out hereunder and specially traversed seriatim:

1. Every Govt in the world has propaganda unit. In the Akwa Ibom State Govt the propaganda unit is the Govt House Press Unit under which Essien Ndueso works as SSA to the Governor.

So it is no doubtful the fact that his line of duty is propaganda to defend the Govt. That propaganda has been brought to bare in the events at the guber election tribunal proceedings of 5/7/2023 and at all times.

CLAIMS ON CHIEF OYETIBO AND MAKING A MOUNTAIN OUT OF AN ANTHILL

2. I admit that I made a mistake of fact by referring to OBA's lead counsel as Chief Oyetiba (SAN). This was a common error that did not go down to the root of the substance of what I said yet a mountain was made out of that anthill in drive of confusionist propaganda by the Govt House. Even in law mistake of fact, such as I made, is excusable, and expressed in the legal maxim: *Ignorantia facti excusat.*

3. THE SSA''s claim to have been in court reporting the proceeding live is immaterial. Besides the fact that he does not understand most of the proceedings not being a lawyer thereby writing based on his layman's understanding thus misleading the public, there is also the aspect of a deliberate twisting of facts to mislead in propaganda drive.

4. THE CLAIM THAT OBA'S LAWYER SAID THEY WERE ONLY IN COURT TO RESPECT THE HEARING NOTICE SERVED ON THEM TO AVOID CONTEMPT OF COURT.

I wish to respond to the claim by the SSA that OBA's lawyers were only in court on 5/7/2023 to escape contempt on point of law as follows:

(a) HEARING NOTICE issued to a petitioner in his own suit is not the same as COURT SUMMONS. It is only those who disobey COURT SUMMONS that are liable in contempt of court but not those served with HEARING NOTICE such as the SSA claims OBA was served.

For the benefit of the lay members of the public, A COURT SUMMONS is an ORDER "commanding" a person to appear before a court of law. If the summons is such that commands the person to give testimony at trial (subpoena), upon refusal to appear, may see the person being cited for contempt.

(B) However, a HEARING NOTICE is a NOTICE to a party to a suit notifying him that the case will come up for hearing at a defined date, venue and time. It can be likened to a meeting circular issued by an Association.

If a party to a civil suit is issued HEARING NOTICE, such as in this OBA's case, his non-appearance cannot attract citing him for contempt of court but will only at worst attract foreclosing him from testifying in his own case if he was the plaintiff or petitioner such as OBA.

This is why PDP and Gov Umo Eno's lawyers pleaded with the court to foreclose OBA from testifying in the case as reported by the SSA himself on the said 5/7/2023. The lawyers never applied for citing OBA for contempt because that is not the law.

Therefore, the SSA making a U-turn from his previous report to claim that OBA's lawyers were not ready to continue with the case on the said 5/7/2023, but only appeared to avoid being cited for contempt, is a very bad propaganda invented into the reportage by Govt agents just to confuse the people against the sanctity of my reportage with usually bathe in religious truth.

Had they known this position of the law as explained by me above, they would avoid that part of the propaganda.

C. Assuming without conceding that HEARING NOTICE in a civil case can attract citing for contempt , still it would be _contempt ex facie curie_ that would require the court to issue SUMMONS to OBA to appear in court at some other date to show cause why he should not be committed to prison for contempt.

In such a situation OBA would appear and proof that he did not dishonor the court invitation out of contempt but for fear of his life arising from the incident that happened on the last adjourned date on 20/6/2023 where over 200 combined team of Military and police officers barricaded his car, shut live bullets at him and ordered him to step out of the car for his guts to challenge Umo Eno's election.

OBA would show evidence that the Senate President called the National Security Adviser (NSA), IGP, the DSS and Chief of General Staff to call their men to order before he escaped unscathed.

OBA would have tendered the video of the incident and called for evidence from the NSA, DSS, Offices of the IGP, AIG and eyewitnesses to proof his case. No court would cite a person for contempt for avoiding court sitting because of proven threat to his life.

(D) had the SSA known this law as above highlighted he would not pull out that propaganda that a lawyer opened his mouth to say that they only came to court in respect of HEARING NOTICE to avoid being cited for contempt.

4. WHY OBA WAS IN COURT.

After OBA withdrew his petition for transfer of the case to Abuja on or about 26 June 2023, and appeared in court on 5/7/2023 ready to testify and close his case. Any other reason given by Govt agents is the normal propaganda.

5. THE CLAIM THAT A GOVERNOR DOES NOT TAKE ORDERS FROM THE IGP.

The claim by the SSA that the governor does not take orders from the IGP is erroneous and a propaganda taken too far.

The SSA said this to cover up the fact that the IGP had put Gov. Umo Eno under an undertaking never again to order the security agents to threaten OBA and his witnesses, a situation that made OBA withdrew his petition for transfer of the case to Abuja since there was no more danger.

Contrary to the SSA's postulation, the Governor is under a constitutional duty to take orders on security matters from the IGP since the governor is, theoritically the chief security officer of the state yet has no police under his command, as there is only one federal police commanded by the president through the IGP.

Section 214 of the Nigerian constitution 1999 (As amended) says that Nigeria shall have only one police force which is under one IGP.

Hence states have no police force. Each state commissioner of police is under the IGP and the IGP is under the command of the president. The IGP is in charge of internal security, peace and order of Nigeria and has the power to call to order a governor suspected to involve in activities likely to cause the breach of the peace such as illegally ordering the commissioner of police to deploy armed to the teeth security forces to the court premises to harass litigants in a manner reminiscent of breach of the peace.

To underscore the fact that the governor is under the IGP in matters of security is the fact that the IGP on the orders of the Senate President overruled the governor's instructions to the AKS state police command to invade the tribunal premises.

To underscore the powerlessness of the governor in the face of the IGP is the fact that states are calling for state police so that the governor can use the state police as he likes without being answerable to the IGP in that regard.

CONCLUSION
I hereby enjoin Akwa Ibomis and particularly the YPP members and OBA's teeming supporters across party lines to ignore and discountenance the Government propaganda on the matter.

Manfred Ekpe, Esq
(Is a lawyer, author, writer, public affairs commentator and human right activist) 10/07/2023.

Nobody should disrupt tribunal proceedings