Journals

The Justice Observatory Journal Published by Access to Justice Publication and Subscription (TOJ)

Interview with Abia State CRAN
President, A. I. Nwaonuma

AJ : So are you contesting Awa Kalu's assertion that you are not being suspended because you exposed corruption but that you didn't follow procedure.

A : What procedure? Now as a Nigerian I have every right to expose corruption. I have every right when somebody is committing an offence, to report the person. Even Code of Conduct for judicial officers spelled that one out. So for him to now say that we have no constitutional right to report, even to the House, to NJC or to anybody then he's not [fair], being a Senior Advocate of Nigeria, (SAN). He cannot be. And lest I forget, after that brother of the CJ, called Philip Nto came to the House to testify, seeing how things were going, Philip Nto went back to, may be, conspire. I don't know how they did it, but what I saw was that they framed up charges, saying that this Philip Nto had a case when I was in charge of High Court Ohafia, that he had a case with Arochukwu Local Government and that the Arochukwu Local Government paid him N1.7m, that I collected the money. Can you imagine? All along he didn't complain until he gets to the House to testify. That was the time they went and forged my signature! Look at it. This is the voucher that they said that I collected the money. If you look at this voucher, look at the signature they forged. They took the stamp at high court Ohafia, and put on it, gboam! If you look at this [signature and look at this] one which] is my actual signature you will find the difference.

“You can see what a person at the level of CJ can do to the person working under him”

J : Yes, there is.

A : And apart from this, this very voucher, which they say, I collected N1.7m; they did not look properly to see that this voucher was passed as far back as 23/5/2001. And they said that I collected in 2002, almost a year after. That is not all, you look at the name on the voucher, it does not contain my name. It does not contain the name of the complainant, Philip Nto. It does not even contain the name of my office Assistant Chief Registrar, high court Ohafia. The name you can see here is Oluko Sam or something like that, of Works' Department.

AJ : Yes but there're records in the High Court.
A : There are records.

AJ : But what do you intend to do with this [allegation of] forgery?

A : No, what they did is they endorsed this thing to me to comment. I commented. This is my comment - 2pages. The next thing they did is, being a big man they rushed to the police at Umuahia on the 9th of December; I was driving along the road, and the police cornered me and stopped me that I was wanted at the police headquarters. I said what is it? They say when I get there I will know. I followed them without fear only to find out that it was this same silly report that they apprehended me for. The next thing I saw they put me into police cell on the 9th. The following day after my statement on the 10th they charged me to court at Umuahia that I stole N1.7m belonging to the brother of the CJ (i.e. Philip Nto). Eventually they read the charge, I said I was not guilty and so on. In fact what they had in mind was to trap me into custody to do my Christmas and New Year there. But asGod would have it, the magistrate who was handling the matter granted me bail and I went.

The next time when the matter was to be heard the complainant ran away. The next thing we heard from the police prosecutor was that the complainant was at Kaduna on eye operation whereas we saw the complainant –Philip Nto just outside. He was hiding at the Chief Judge's chambers. So we took adjournment, then the magistrate said that if on the next adjournment he did not come he would strike out the matter. I said, no don't strike it out; I want us to hear this matter on its merit because if he struck it out then I couldn't, you know, so the next time Philip Nto came. ‘Police prosecutor, open your case now let's see.' They say they are looking for one witness at Ohafia and Arochukwu, the person who “gave me” the money. My lawyer said, “but you wrote here that he personally signed and collected the money. O.k. if you are looking for others start with the complainant, start with him, let us have a bite, so that after him now you can look for other witnesses,” he refused. So we took another date, it was adjourned to April 12. You can see what a person at the level of CJ can do to the person working under him.

AJ : So he took his time to intimidate you.

A : Completely, trying to intimidate me because he knows that I have a very clear record right from Imo state.

AJ : O.k. so let's go again back to the House Judicial Committee Report. Are you aware that the outcome of the House Report is before the court?

A : I'm not aware, because if you look at our laws even when he was trying to stop the House from investigating him, he has no such authority to stop the House; so if perhaps he now goes to court at Abuja maybe to stop the decision of the House that is left for them. If they feel that they can do that good luck to them.

AJ : The CJ has also said that the reason he did not appear before the House Committee was that the Chairman of the Committee, Barrister Azubuike was a counsel in one of the cases brought [against him] by yourselves.

A : What I have to say is that Hon. Justice Kalu Ogbonna Amah is full of deceit! He does not speak a single truth. I am the President of the Court Registrars Association of Nigeria (CRAN), Abia State High Court. I know who defended us or who prosecuted our matters at the National Judicial Council or even in the (House of Assembly). Our lawyer was Barrister C.C Elele and the lawyer for M.N. Mba was Barrister Uchendu. There is no place you will see that we consulted Azubuike or any of the members of that Committee on Judiciary and Justice of Abia State House (of Assembly). You can't see where we consulted any of them. So he's only using that one as a cover up to deceive the masses, to deceive the public. Azubuike or Nwoko or anybody or any member of that panel was never our lawyer in any circumstance, at all.

AJ : So what exactly now do you expect to be done to your members over this matter?

A : Well, my dear friend, God is our witness and God is all and all. He (Amah) may feel that because of his position, he can use it to trample on everybody…. The more he continues to stay there as the CJ, the more rotten the Abia State Judiciary will continue to become. He has killed the Judiciary, the staff, everything. Never mind that some of them whom he put there around him pretend to be with him. They are not with him. They are only doing some of these things out of fear, but meet them behind you will see that they are not. What has he not done to damage the whole Judiciary of Abia State. Since he took over as Chief Judge, it has never been well with Abia State Judiciary.

AJ : Has the Governor any knowledge of all these things you are saying?

A : The Governor knows because … the whole staff of the Judiciary went on strike for non-payment of some of our allowances, salaries and so on. The Governor knows that he (Hon. Justice Amah) used the money sent to us - the CJ put it in fixed deposit and uses the interests accruing from that as he likes. The Governor knows that even the magistrates - something that has never happened in the history of the Judiciary - magistrates went on strike for six months! The Governor knows.

Then the Nigeria Bar Association of Abia State all suspended going to court because of Amah and led a delegation to the Governor himself, asking for his (i.e. Kalu's) removal. Then the Judges of Abia State designed two resolutions - if I remembered I could have brought some of those Resolutions signed by almost all of them - saying all was not well in the Judiciary and saying “change all these people you put around you and so on and so forth.” He knows all these things. But then whatever is the cause of his not taking any action up till this time I don't know, because some people who normally reach him say that he always says that it is not in his power to remove him, but the House (of Assembly). Once the House of Assembly passes a resolution then brings it, he will sign, but then what of that...?

“It was the degeneration of the Bench that led to the implementation of the long-abandoned report of the Justice Kayode Eso panel on the performance of the judiciary...For the same reason, the Chief Justice of the Federation, Justice Mohammadu Uwais, has consistently warned the Bench...” - Editorial, The Punch, Tuesday, January 20, 2004

“International and regional human rights instruments recognise as fundamental the right of everyone to due process of law, including a fair trial and public hearing by a competent, independent and impartial tribunal established by law. The importance of this in the protection of human rights is underscored by the fact that the implementation of all other rights depends upon proper administration of justice” - Nihal Jayawickrama in Strengthening Judicial Integrity against Corruption (ed.) by Peter Langseth and Oliver Stolpe

AJ : So the blame remains on the table of the House and we cannot justify why they are not...

A : We cannot, and that is what I'm telling you, because I don't know why up till now they have not done anything. Because first of all this so-called Chief Judge Kalu Ogbonna Amah, even though he's my brother, if you're my brother and you're not doing well I can't support you. Count me out, especially as I tried to make him understand that some of these things he was doing were not right. Then he picked quarrel with me. Now he was in the first place found guilty when he was in the Bar when he was a lawyer. He ate his client's money and he was found guilty by Honourable Justice M.O. Maranzu, even though retired. That is number one guilt.

Secondly when we took him to National Judicial Council (NJC) he was also found guilty of misconduct. Thirdly, when we took him to Abia State House of Assembly, he was also found guilty by the recommendations of the Committee. Then the Executive Governor of Abia State set up a panel of inquiry, even though it was not made public, but we know that if Amah should return any money in person, it should be in … millions not to say about the other people he put around there. Why should he continue to be there and at the same time he's victimising us and has not said what we are saying is not true? He has not come in and he's unable to defend himself and stop others from coming to testify. We who went and testified he clamped suspension without salary on us.

AJ : Those who did not go to testify claimed that their superiors did not release them

A : Let me tell you one thing, when the House of Assembly summons anybody to come and testify that person does not need to take permission from anybody because if you take it that way, the first time the whole of those officers appeared in Abia State House of Assembly, they didn't get any permission from anybody. They just came. Second time they came, third time they came even their lawyer sort of cross-examined me and so on. But when they saw how bad the case was they ran away. He's now telling you that the House of Assembly has no power. The Constitution is very clear. If they have no power then why is he trying to reach them? If you read some of the magazines you will see where they say he sent so and so million naira to so and so. Whether that is true or not I don't know.

AJ : Looking back now, apart from all these allegations, proven and unproven, are there any good things you think Justice Amah did as a CJ in Abia State since he took over?

A : Well if I may say the only good thing, which I may think, he created a sort of prayer. Every morning , before we start work we go to prayer first of all, but then somebody at his level being an elder, creating such a thing and then spreading it all over the local governments of Abia State Judiciary, then he should be above board. He should not be doing what he is doing, punishing us, eating our money. Even before he promotes us, unless we petition. Some time ago he held the promotion of the staff for three good years, until we petitioned him.

AJ : Now if you have an opportunity to reconcile with the CJ, will you prefer to reconcile with him and let the sleeping dog lie, as it were or do you still insist that he has to be removed as the CJ of Abia state?
A : The ball is in his court. If he wants to reconcile with us or wants to make peace with us he knows what to do. When we came back from the NJC, I, personally, as the president [tried to reach the CJ] and so on, to make peace so that everything will be over. Instead of that he started sending queries to us, A-G Awa and some of the people at the JSC … close their eyes to facts, [and] close their eyes to some of the answers to the queries they send to us. They will not want to find out …. . A Commission should not be partial. A Commission should not sue the person under …[them] to court. … That shows the level of bias in them, all of them there, except two persons and those two whenever they want to hold meeting they don't send invitation to them. Where a Commission is biased it is not fit to be a Commission at all. Suing us and at the same time you expect them to give justice to us in whatever complaint we bring to them. How can we begin to complain to the JSC who is prosecuting us? The only place we felt we could get justice is the House of Assembly that we went and now they are trying all possible means to make sure that the House does not function.

“As to the contention that the Judiciary has been politicised,...I regret to say that that sounds to me like a fairy tale” - Hon. Justice M.M.A. Akanbi (reacting to comments in a paper presented by Justice Anthony Aniagolu rtd, SCJ, titled Constraints in the Administration of Justice.

“Judicial accountability is not exercised in a vacuum. Judges must operate within rules and in accordance with their Oath of office which reins them back from thinking they can do anything they like” - TI Source Book 2000

Previous