Rumpus in Ebonyi Judiciary

Ojemba Isu-Oko, a Chief Magistrate in Ebonyi state judiciary, is presently on an indefinite suspension. Isu-Oko‘s sin was his alleged irregular court proceedings in charge number MAB/203C/2009 entitled: ‘Commissioner of Police Vs. Igwe Chijioke’. The case came before Isu-Oko on May 11 this year. (Picture shows Justice Alloy Nwankwo, Chief Judge, Ebonyi state)

In particular, the case involves Chijioke Simon Igwe, younger brother to the wife of the state’s Chief Judge, Justice Alloy Nwankwo. Chijioke, equally a staff of the state Customary Court of Appeal, allegedly, at gun point, raped a 15 year old girl in Abakiliki metropolis. And Chief Magistrate Isu-Oko, in open court, announced withdrawal of the two count charge of rape and threat to life against Chijioke.

The State Judicial Service Commission (JSC), headed by CJ Nwankwo, in a subsequent Press Release dated May 15, 2009 and signed by U.N.O Nweze, Secretary, noted that Isu-Oko had, curiously, withdrawn the case, even when he had earlier written his ruling on it. Isu-Oko’s earlier and, arguably, more appropriate ruling was that his court lacked jurisdiction over the matter, in which case he was expected to have remanded the accused in prison custody pending a legal opinion from the state Director of Public Prosecution. The embattled Chief Magistrate, therefore, remains on suspension while the Judicial Service Commission investigates his alleged misconduct, which it describes as a big embarrassment to the state judiciary and, by extension, Martin Elechi government in the state. Public Service Rules prescribes dismissal from service for cases of misconduct.

Although Isu-Oko had, in an earlier meeting of magistrates convened by the Chief Judge over the matter, admitted that his action was a judicial slip and, subsequently, tendered an apology to that effect, a new twist crept into the saga with his later official denial that he willfully withdrew the rape case. In a response to a letter issued him by the JSC on the matter, dated May 14, 2009, Isu-Oko claimed that his strange action in court was informed by oral directives which he received, through intermediaries, from the office of the Chief Registrar, succinctly, asking him not to go ahead with the matter.

Two court clerks, mentioned as Mrs Oyim and H. Otu, had, while the matter was called up for plea, reportedly whispered into the ears of Isu-Oko that the Chief Judge, Nwankwo, was interested in the matter, the accused rapist (Chijioke Igwe) being his brother-in-law. Chief Registrar of the State Judiciary, Mrs. Stella Onuorah, allegedly conveyed the CJ’s feelings through the court clerks. Chief Magistrate Isu-Oko submitted that it was in a bid to obey instructions from the CJ that he was compelled to ‘commit the judicial blunder’.

It was learnt that a later attempt, as directed by the Chief Registrar, to re-arrest the accused led to a merciless beating of the Investigating Police Officer (IPO) by some court staff believed to be his relations. The IPO’s assailants were listed as Mrs. Onyekachi Nweke, Emeka Igwe and Uche Igwe.

As it were, father of the rape victim, on May 11, fired a petition to Governor Elechi and Speaker of the state Assembly, Barrister Augustine Nwankwegu, calling for their intervention in the matter to ensure justice. The victim’s father, in the petition, particularly, accused wife of the Chief Judge, Mrs. Lilian Nwankwo, of exploiting the office of her husband to mastermind the decision of Chief Magistrate Isu-Oko to commit such a miscarriage of justice. But Mrs. Nwankwo denied this allegation.

The petition, copied to Chief Barrister Jossy Eze, Attorney-General and Commissioner for Justice, as well as other members of the state Judicial Service Commission (JSC), including Cyril Ekuma Nkama, Uche Alo, Ezeogo Egbo and Pastor Alloy Ogah is entitled, “Illegal Withdrawal of Rape/Threat to Live Charges against Chijioke Simon Igwe by Ebonyi state Judiciary”.

The allegation of shielding accused Chijioke Igwe is just one out of other scandals Justice Nwankwo, who has been on the saddle as Chief Judge for the past seven years, is grappling with at the moment. Nwankwo’s accusers say that ‘ghost workers and prisoners are now in the payroll of the state judiciary‘. The prisoners, in particular, allegedly receive salaries on monthly basis even more than two years after they were committed to prison custody for capital offences ranging from murder, armed robbery and conspiracy.

For instance, two relations of the Chief Judge, Nonso Charles Nwafor and Innocent Ezeoke, who are facing armed robbery and murder charges respectively, were said to have been paid their salaries up to the month of April this year without interdiction as prescribed by public service rules.

Part of the accusation was that Nwafor, a staff of the state judiciary, who is standing trial for conspiracy and armed robbery since October last year, was granted bail by the CJ’s court in suspicious circumstances. Nwafor is said to have, since, resumed duties. Rather than his interdiction, it was alleged that Nwafor was posted to Umuogharu Customary Court in the district. Nwafor is reportedly yet to report for work at the court, but has been earning his salaries promptly.

On the other hand, Ezeoke, the second accused, also a judiciary staff, was committed to prison for murdering his uncle over a year ago. Nwankwo‘s traducers allege that, although Ezeoke is in custody awaiting trial, his monthly salary, like that of Nwafor, still runs courtesy of their relationship with CJ Nwankwo.

In the category of ghost workers, four relations of the wife of CJ Nwankwo, including Uchenna Igwe, Chijioke Igwe, Emeka Igwe and Onyekachi Igwe are said to earn salaries without coming to work. Onyekachi, a Political Science student of Ebonyi State University, is, particularly, said to have been deployed to a non-existent CJ’s library as a cover for her to run her full time university program.

Yet, another worker in the state Judicial Service Commission, Miss Stella Nweke, is said to be a full time Nursing Science student of Ebonyi State University, but allegedly serves as a ‘tourist guide’ or ‘guard’ for Justice Nwankwo whenever he is on tour.

In the same vein, Mrs. Peace Azubuike, a staff of the state high court allegedly carries out her business and full time university program while earning her salaries on-line from Port-Harcourt, Rivers state.

In a seeming reaction over these accusations, Elechi’s government warns that government would deal decisively with all those involved in the mess. According to a news bulletin credited to the state owned radio, Ebonyi State Broadcasting Service (EBBS), Francis Alu, the state Head of Service, noted that civil service rules stipulate that government workers undergoing court trial must, first, be interdicted while their departments must communicate the Head of Service office, attaching the charge sheet (s) with which such officers were arraigned.

The Head of Service, according to the bulletin, pointed out that it was fraudulent for heads of government departments to continue to treat full time students as workers and pay them salaries and other entitlements with government funds.

“Such practices are not acceptable to Ebonyi state government, and head of government departments in such acts will face the full weight of law”, the bulletin quoted the Head of Service as saying.

As it were, the Chief Judge, Nwankwo, copiously debunks all the allegations against his administration, waving them aside as mischievous plots to bring the state judiciary to ridicule. The CJ responds to the charges through the Executive Secretary of the state Judicial Service Commission, Nweze.

Nweze explains that Chief Magistrate Isu-Oko’s suspension is to give way for proper investigation into his alleged irregular proceedings in court which had, obviously, brought serious embarrassments to the state. Nweze clarifies that the only person that has the constitutional powers to withdraw a case in court is the Attorney-General of the state who, he says, can enter a nolle prosequi (no case) in a matter pending before the court.

Nweze debunks the allegation that CJ Nwankwo is interested in Chijioke Igwe’s rape case because of his extended relationship with him, maintaining that CJ Nwankwo was not even in town on the fateful day. Nweze adds that, even at that, Isu-Oko ought to have discharged his lawful duties based on laid down procedures without fear or favor.

Nweze, similarly, denied Chief Judge’s knowledge of physical assault on any Investigating Police Officer (IPO), saying the CJ would have taken necessary actions if such an incident was reported to him.

The commission’s scribe discloses that the accused rapist has, since, been re-arrested and, accordingly, remanded in custody pending proper trial, adding that CJ Nwankwo, because of his intolerance for crimes, never intervened in the matter throughout the one month the police investigated it before bringing it to the court.

Nweze, also, denied existence of ghost workers in the state judiciary, adding that there had always been periodic staff audit that would have uncovered such workers. On the allegation that some staff are studying on full time basis in the universities, and still receive their salaries, Nweze explains that if there are such instances, they are in conformity with the Work and Study Policy of the state government.

This policy was introduced by the past administration of Dr. Sam Egwu in the state as a result of the educational backwardness of the state. The explanation is that workers in the state judiciary and elsewhere have, as a result, been exploiting this policy to improve their knowledge for advancement of their careers. These study programs, according to Nweze, duly receive authorization from the JSC.

The JSC scribe, similarly, debunked the allegation that staff undergoing trial for alleged crimes are still being retained in service. Nweze explains, with proofs to the magazine, that all the mentioned accused judiciary staff, including even the most recent, Igwe Chijioke, had been duly interdicted from service. Interdicted staff are entitled to half salaries pending determination of their cases. If convicted, the concerned staff is dismissed from service. But if acquitted, he/she is reinstated, with the remaining half salaries paid.

Nweze said the allegation of impunity and high-handedness against CJ Nwankwo is just a blackmail by disgruntled elements to run down the person of Justice Nwankwo, hitherto, a member of the revered National Judicial Council (NJC). He, also, quickly adds that nobody, as alleged, serves as a tour guide of the CJ, asserting that Nwankwo has advanced above this prim kind of primordial description of his person.

Nweze thus intones: “I am telling you that Justice Alloy Nwankwo is the best Chief Judge in Nigeria. He has provided a lot of welfare packages to the state judiciary staff, including parcels of land, vehicles for judges and magistrates and other cadres of workers among others. The packages, both to the senior and junior judiciary workers, are endless! All these baseless and unfounded allegations are just meant to smear his reputation which labored for long years to build both as lawyer and as a first class Chief Judge in Nigeria”.

At the centre of these controversies was, of course, alleged rape of the teenage girl by Igwe. Meanwhile, the victim’s father threatens to invite the NJC into the matter. Will this matter be dispassionately dispensed with? Or will it linger? The answer lies in the womb of time.