|
Nigerians will recall that the small
town of Abakaliki made international
news in 1958 when the murderous
activities of a sect called Odozi Obodo
secret society under the paramount
leadership of Chief Nwiboko Obodo (a 1st
class paramount chief) was unearthed
through the ingenuity of the Nigerian
Police and assistance of indigenes of
the area, most of whom were victims or
relation to victims of the murderous act
of the killer cult. The leader, who was
said to have committed more murder in
peace time than any other Nigerian dead
or alive including murdering his first
wife, was on
August 18, 1958 convicted and sentenced
to death by hanging along with other
members of the sect.
On appeal, the Supreme Court in an
unanimous judgment delivered by Sir
Adetokunbo Ademola, F.C, banned the
society as an association which its
objectives is to murder innocent
citizens and those opposed to their
nefarious activities. The convicted
felons were hanged on
February 24, 1959.
Find attached a petition to the
Inspector-General of Police of how this
sect is now operating in a grand style
in this modern time masquerading under
the name of Nigerian Reform Church led
and sponsored (like in old times) by
prominent individuals from Ebonyi/Benue
States.The petition also presents before
the IGP the struggle by a human right
activist, Barr. Simon Ogenyi from
Ebonyi State. Barr. Simon Ogenyi is
currently languishing in FCID cell as a
result of his struggle to unearth the
nefarious activities of these highly
placed individuals in Ebonyi and Benue
States.
We hope that you will give it the
publicity it deserves in order to
enhance our struggle to expose crime in
high places.
For: Festus Keyamo Chambers
UGOCHUKWU EZEKIEL, ESQ
ALEXANDER OKETA, ESQ.
\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
25th January, 2010.
The Inspector General of Police,
Police Headquarters,
Louise Edet House,
Abuja.
Dear Sir,
FLAGRANT DISOBEDIENCE OF COURT ORDER BY
THE
NIGERIA
POLICE UNDER YOUR CHARGE AND SUPERVISION
AND ILLEGAL ARREST AND DETENTION OF
BARRISTER SIMON OGENYI: DEMAND FOR
IMMEDIATE RELEASE.
We are Solicitors to Barrister Simon
Ogenyi (Hereinafter referred to as
“our Client”) and on whose instruction
we write this letter.
Our Client currently in detention at
Force Criminal Investigation Department
(FCID), Area 10,
Abuja is the head of Chambers of Ogenyi
Chambers, Abakaliki,
Ebonyi
State, and a human rights activist known
for his dogged fight against injustice
and crime.
At the risk of prolixity but for clarity
of facts and for your proper brief on
this matter, we shall reproduce the
facts that led to the unlawful detention
of our client on your alleged order.
Our Client has been involved in the
struggle to unearth the barbaric and
unlawful activities of an ancient Secret
Society in Izzi,
Ebonyi State and some part of Benue
State known as Odozi Obodo Society,
now masquerading as Nigeria Reformed
Church. The Federal Supreme Court of
Nigeria in the celebrated case of
OBODO v. QUEEN Appeal no. F.R.C 193/1958
found that the object of the above
mentioned cult is to murder innocent
citizens whom the secret society decides
to get rid of and the Court therefore
banned its existence in Nigeria.
But of recent some persons led by the
current Secretary to Ebonyi State
Government, Chief Fidelis Mbam, Speaker
of Ebonyi State House of Assembly, Rt
Hon. Augustine Nwankwegu, Marthias
Adum,Sunday Nwangele, Nicodemus Ude,
Johnson Ebeke, Kenneth Iziogo, Joseph
Nwibo, Victor Aleke, Emma Ebeke, Kenneth
Ogboso, Jacob Ogbalikpa, Moses Nwadonwe,
John Nwogbala, Sunday Nwonumaru, Kenneth
Ogodo, John Ozibo, Marthin Ebeke, Linus
Igweali, Sunday Nkwuda, and Joel Abachi,
organized themselves and registered
what is now known as Nigeria Reformed
Church a.k.a Odozi Obodo which its
activities is not in any way different
from the old order under the Late
notorious leader Chief Nwiboko Obodo who
was convicted in 1958 on multiple
charges of Murder including that of his
wife and subsequently hanged in
execution of the Judgment of the Court.
To show that the said Nigeria Reformed
Church is the same as the Old Odozi
Obodo sect both in doctrine and its
method of operation, and to establish
the basis of their animosity with our
client a few examples of their
activities will suffice:
The murder of Chief Nathaniel Nwekwo for
which three of the Church members;
Jeremiah Egboma & others were sentenced
to death and are awaiting execution at
Enugu Prisons: In this case, our Client
acted as Counsel to the nominal
Complainant (watching brief). The matter
is presently at the Court of Appeal
Enugu at their instance.
The murder of Chief Nwodom Nwoke for
which four of the Church members;
Cypriel Oka & others are currently
standing trial at High Court No. 3,
Ebonyi State High Court, Abakaliki. Our
client is also the Lawyer to the
deceased family assisting the
prosecution in the case.
The assault and grievously wounding on
breast of one Miss Chika Owuru of which
one Umar Garba (a member of the church)
is currently being prosecuted by our
Client on the fiat of the Attorney
General of Ebonyi State. The said fiat
is attached.
The murder of Jan Peter Baan (a Dutch
missionary) for which about three of the
Church members; Obinna & others are
currently standing trial before His
Lordship, Hon. Justice Obande Ogbinya of
High Court No. 5, Abakaliki. Our client
was briefed by the family of the
deceased to assist the prosecution and
ensure that justice is done. When the
church saw the seriousness of our client
in ensuring that justice is done in this
case, they approached our client to
bribe him with Two Million Naira to stop
further assistance to the prosecution so
that their church members would be
discharged. The church wrote a letter to
our Client pretending to brief our
Client to assist the prosecution while
in actual fact they want our client to
distort evidence for the discharge of
their members who are being prosecuted
on their own confessional statements.
The said letter is attached.
When our Client refused to be involved
in their plans, they resorted to
destroying of our client’s property,
name and family members. The church
members attacked and burnt down our
client’s home located at Obakota, Ado
Local Government Area of Benue State and
his private Secondary known as
Messiah Comprehensive Secondary School
located at the same address and killed
three of our Client’s family members.
The sect forced Mr. Frank Van Maas not
to testify against their members in
Court by snatching his car and using
same to kidnap and kill Chief Nwodom
Nwoke, already mentioned above.
Our brief also revealed that the killer
cult masquerading as church kidnapped
our client sometime in 2008 and when the
Nigerian Bar Association demanded to
know the where about of our client, they
were told that our client was in
detention on the instruction of former
Inspector General of Police.
The sect also forged documents alleging
that they gave our client loan to train
him in school which our client has not
paid back. They brought a claim against
our client in Court before Ebonyi State
High Court No.4, Abakaliki. The matter
has been adjourned sinea dine (indefinetly)
for failure of the claimants/plaintiffs
to lead credible evidence. A copy of the
statement of claim filed in the said
suit is hereby attached.
We have taken the pain to recount the
above stated facts to establish the long
time animosity between the members of
the church and our client because our
client is opposed to their nefarious
activities. They have vowed to destroy
our client who is the lone voice crying
against their evil deeds.
Permit us to point out here that we are
not oblivious of the fact that a
petition was written against our client
by the church members containing
frivolous and unfounded allegations in
order to cow our client into abiding by
their barbaric offer.
Owing to the facts stated above and out
of fear for his life our client
proceeded to the High Court of Ebonyi
State and Federal High Court, sitting at
Benue State to enforce his fundamental
rights to life, dignity of human person,
personal liberty, private and family
life, freedom of movement, freedom from
discrimination, right to acquire and own
immovable property anywhere in Nigeria
as guaranteed by Sections 33, 34, 35,
37, 41, 42, and 43 of the 1999
Constitution. The Courts granted leave
to our client to enforce his rights and
further ordered that the leave shall
operate as a stay against any
action/arrest pending the final
determination of the substantive suit.
We hereby attach the Certified True Copy
of the said orders for ease of
reference.
Notwithstanding the above mentioned
orders of the two competent courts of
law, the Police led by one DSP Richard
arrested our Client. The matter was
brought before former Inspector General
of Police, Mike Okiro who after
considering the entire case and the said
orders of Court instructed that our
client be released in obedience to Court
order. The said order is still
subsisting and the Police have neither
applied to vacate it nor filed any
process whatsoever in that case.
However, of recent our Client was once
again arrested by a team of Policemen
led by the same DSP Richard allegedly on
your order and in total disregard and
flagrant disobedience to subsisting
orders of Court.
May we at this juncture draw your
attention to the injunctions of the
Supreme Court in the case of
BABATUNDE V. OLATUNJI (2000) FWLR
709-888 (PT5)874 @ 883 PARAS E-H, where
the apex Court stated as follows:
“The options open to a person
against whom an order was made or
judgment given is plain. He should apply
to the Court to discharge the Order or
appeal against the judgment that it
might be set aside as the case may be.
This is good sense for as long as the
order or judgment existed, it must
not be disobeyed. A judgment of a Court
of competent jurisdiction remains valid
and binding, even where the person
affected by it believes that it is void,
until it is set aside by a court of
competent jurisdiction”
What this translates to mean is that a
party is not allowed to determine the
validity or otherwise of an order of a
Court of competent jurisdiction but
simply to obey it. Any attempt to the
contrary is contempt of Court.
May we also state here without fear of
contradiction that if the Nigerian
Police under your care has degenerated
to the level of disobeying Court Orders,
then the days of anarchy in our dear
Country is just around the corner and
all well meaning Nigerians must rise to
challenge this blatant abuse of office.
It is in pursuance of this struggle that
our Client initiated contempt
proceedings against your person, DSP
Richard, Johnson Wilson, and Supol A
Esulu which same have been served on
them. We also attach a CTC of Notice of
consequences of disobedience of court
order issued by the Federal High Court
sitting at Makurdi for your information.
We are by this letter demanding that
within 24 CLEAR HOURS of the
service of this letter on you including
the date of such service that you cause
our Client to be released from your
inordinate cell dead or alive.
NOW TAKE NOTICE
that except you comply with the above
stated demands within the stipulated
time, we shall immediately take further
steps towards committing you to prison
for contempt of Court.
May the day never come when court orders
would be deliberately and flagrantly
disobeyed with outright impunity and
anarchy boldly enthroned in this country
because it will spell doom for all and
sundry including you.
We hope that you will save Nigerians
this embarrassment and act right.
Let wise counsel prevail.
Yours sincerely,
For: Festus Keyamo Chambers
UGOCHUKWU EZEKIEL, ESQ.
ALEXANDER OKETA, ESQ.
Counsel
Counsel
Cc:
The Commissioner of Police,
Legal Department,
Force Headquarters,
Abuja.
Sir, the above is for your information
and sound advise.
\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
26th January, 2010.
The Honourable Attorney General of the
Federal,
Minister for Justice,
Ministry of Justice,
Central Area,
Abuja.
Attention: Director of Public
Prosecution/Solicitor General of the
Federation
Dear Sir,
FLAGRANT DISOBIDIENCE OF COURT ORDERS BY
THE NIGERIAN POLICE: CALL TO PREVAIL ON
THE POLICE TO OBEY SAME.
We are Solicitors to Barrister Simon
Ogenyi (Hereinafter referred to as
“our Client”) and on whose instruction
we write this letter.
We are not only writing you because you
are the number one law officer of the
Federation or only because it is your
primary duty to properly guide any
agent/agency of the Federal Government
not complying with any injunction of a
competent Court of law be it final or
interlocutory, but also because you have
always championed the policy of the
present administration to strictly abide
by the rule of law, which entails strict
compliance with any subsisting Court
order until set aside.
On the 13th day of February,
2009, the Federal High Court sitting at
Makurdi, Benue State and presided by
Hon. Justice Abimbola Osarugue Ogie
granted leave to our client to enforce
his fundamental rights to life, dignity
of human person, personal liberty,
private and family life, freedom of
movement, freedom from discrimination,
right to acquire and own immovable
property anywhere in Nigeria as
guaranteed by Sections 33, 34, 35, 37,
41, 42, and 43 of the 1999 Constitution.
The Court further ordered that the leave
shall operate as a stay against any
action/arrest pending the final
determination of the substantive suit.
The police have not made any attempt to
vacate the order till date. We hereby
attach the Certified True Copy of the
said orders for your proper brief.
However, on the 11th day of
January 2010, a team of policemen led by
one DSP Richard arrested our client
allegedly on the order of the Inspector
General of police based on the same
facts of which the Federal High Court is
yet to determine and ever since our
client have been in detention without
being granted bail nor charged to Court.
We had written the Inspector General of
Police demanding the release of our
client but up till now, our client is
still being detained. In the said letter
we chronicled the facts leading to the
arrest and detention of our client. We
attach the letter to Inspector General
of Police for your proper brief on the
matter.
We are by this letter calling on you to
use your good offices to prevail on the
Inspector General of Police to obey the
order of court and immediately release
our client.
While thanking you for your anticipated
prompt action, kindly accept the
assurances of our highest regards.
Yours sincerely,
For: Festus Keyamo Chambers
UGOCHUKWU EZEKIEL, ESQ.
ALEXANDER OKETA, ESQ.
Counsel
Counsel
|