This is a long read but worth every minute to understand the degree of rot in the Nigeria Judiciary systematically reorganized to victimize innocent citizens
By E.C.Ugwuonye
Nigerians should understand that the case of Dele Farotimi against Aare Afe Babalola, CON,OFR, SAN is one of the most significant cases to come up in Nigeria in this decade. It is a case where a man is persecuted with the instrument of state power for saying the truth against a powerful person in Nigeria and against the Nigerian judiciary. In my work as the head of Due Process Advocates (DPA) Foundation, I have evidence to substantiate the contentious assertions made by Farotimi.
For those who do not understand the issues at stake; in his book, Nigeria and its Criminal Justice System, Farotimi stated that Afe Babalola had exerted some corrupting influence over the Nigerian judiciary. That assertion is a candid opinion based on facts. It is true as to Afe Babalola and as to the Nigerian judiciary. The only thing surprising in all this is the fact that Farotimi had the courage to say it in a book. From one incident involving Afe Babalola that I am aware of, I easily came to the same conclusion as Farotimi. I encountered the power and influence of Afe Babalola. He possesses no doubt a pervasive and probably corrupt influence over the judiciary and the police.
In that case, I realized how impossible it would be for me to confront the man because I could see that the police and the courts would not be fair or just in any matter in which the man’s name was mentioned. I was left with the impression that if Afe Babalola had an interest in any matter, the Nigerian justice system was as good as a jungle justice system. It was a extensive influence by one man over the whole system of justice, which clearly undermined any notion that the courts are the last hope of an ordinary person.
If you wonder about the encounter I am speaking about, it has to do with a case of domestic violence and child custody dispute between one Dr. Nnamdi Ikpeze and his wife Florence. Dr. Ikpeze is a law lecturer in Afe Babalola University. He had a dispute with his wife, Florence, which resulted in the wife fleeing from Ekiti to Port Harcourt with their three minor children. Her reason for fleeing was to escape domestic violence. She had reported the incident of domestic violence to DPA before she moved to Port Harcourt. She contacted us again months later and reported an ongoing police arrest incident. What happened was that she had file a petition for custody at the Magistrate Court in Port Harcourt. It was a petition against her husband, Dr. Ikpeze. The case was ongoing and the processes had been served on the husband, including a hearing notice.
Instead of Dr. Ikpeze responding to the court in Port Harcourt, he went to Afe Babalola who apparently took his side and decided to protected him from having to respond to the court in Port Harcourt. Instead of appearing in court, with the backing of Afe Babalola, Dr. Ikpeze procured the police from Ekiti Command to drive all the way to Port Harcourt to arrest Florence and their three children and Florence’s sister. They were taken all the way from Port Harcourt to Ekiti State where the police simply handed the children over to Dr. Ikpeze, while Florence was held at the police station.
DPA sent letters to the police demanding due process for the lady. The next day, police made it clear that the parties should go to “Baba” who would adjudicate the matter. It was clear that the police were acting under the instruction of “Baba”. The Baba was Afe Babalola. They treated him like God. It is always dangerous when a man plays God.
We learnt that the mother of Dr. Ikpeze was also a lawyer who happened to be the Dean of the Law Faculty at Nnamdi Azikiwe University. Afe Babalola without consideration of the law or the facts of the case, took the side of Dr. Ikpeze. By the way, my letters on the matter was presented to Babalola. Dr. Ikpeze and his mother were busy telling Babalola all manner of lies against my person. They told Afe Babalola that I was disbarred and therefore that my letter did not deserve any consideration. (I attach the content of my letter below). For such highly-placed people to peddle such petty lie against me over a child custody issue, you have to weep for Nigeria and its corrupt judicial system.
The whole experience was quite shocking to me. I had thought that a man like Afe Babalola would be interested in upholding the law and in ensuring that people would be treated fairly. But, instead, he became the law himself and decided who should get justice and should not and he gave justice to those who worshipped him. As an American-trained lawyer, I found the whole thing disgusting. I couldn’t fight him because I truly understood that he had the judges and the police in his pocket. I am happy that someone else had the same opinion of him and was brave enough to write a book on it. The manner in which they have treated Dele Farotimi is just evidence that his book is right and timely. It is the best book in Nigeria today and the world should take notice of its content.
It is an irony that the legacy of Afe Babalola may end up a legacy of judicial corruption. Let them keep arresting anybody who speaks the truth against them. But if I am a free man, I will be more than eager to testify in favor of Farotimi.
MY LETTER TO AFE BABALOLA
December 27, 2023
AARE AFE BABALOLA, CON, OFR, SAN
Founder Afe Babalola University
Ado Ekiti
Ekiti State
Dear Chief Afe Babalola,
IN THE MATTER OF MR. NNAMDI GEORGE IKPEZE VERSUS MRS. ONYINYE FLORENCE IKPEZE AND MRS. JOSEPHINE UCHE MBELU
Compliments of the season!
We are a human rights and humanitarian NGO. We received a report from the family of Mrs. Josephine Uche Mbelu alleging that a team of police officers from Ekiti State Command arrested Mrs. Josephine Uche Mbelu, her daughter, Mrs. Onyinye Florence Ikpeze, and three children of Mrs. Ikpeze, (hereinafter referred to as the “victims”). According to the report, this incident occurred on 22nd and 23rd of December, 2023 in Port Harcourt, Rivers State. We further learned that the police officers from Ekiti State Command moved the victims from Rivers State to Ekiti State by road and they arrived in Ado Ekiti around 7:00pm on 23rd of December, 2023. While the victims were being moved to Ado Ekiti, we were able to speak with the officers. They were polite and professional, and they provided some useful information that helped our understanding of what was going on.
Upon their arrival in Ado Ekiti, we stayed in touch with the victims and the officers in charge of their case. At some point, it was decided by the officers involved that the victims would be released by the police on the condition that Mrs. Ikpeze would hand her two eldest children to Dr. Ikpeze, while she would keep the youngest child till further notice. She had no choice because it was the condition for the release of her and her mother. In the morning of 24thDecember, when they came back to the station to finalize their release, Mrs. Ikpeze was informed that a call came directly from the Commissioner of Police that Mrs. Ikpeze MUST hand over ALL the three children to Mr. Ikpeze, instead of the eldest two previously stated. Again, Mrs. Ikpeze had no choice as that was the condition for her release.
This morning, Mrs. Ikpeze and her poor mother went back to the police as directed by the police. While waiting to be attended to a bailiff from Ekiti High Court came there so serve a divorce petition on Mrs. Ikpeze. According to information available to us, Mr. Ikpeze demanded that Mrs. Ikpeze be prosecuted for abducting her children. The police directed all the parties to your office. The parties looked up to you to resolve the dispute and you ruled that that custody of the children should be with their father. In order words, you decided all the issues that are pending in all the courts. As we write this letter, Mrs. Ikpeze has still not seen her children ore spoken with them.
In the periods between the victims arrival in Ado Ekiti and a few hours ago, we had extensive communication with Mr. Ikpeze himself. Some of the communications with him were in writing. So, we have evidence of what was said and his responses to the questions we asked him. It became clear to us that the entire police operation was for the purpose of transferring custody of the minor children from one parent to the other parent, in a clear usurpation of the court.
Mr. Ikpeze, who is a lawyer, disingenuously tried to explain to us that there was a criminal petition filed and that there was a state crime committed by his wife. We use the word disingenuously because there were several indications that the whole effort of the police was procured under circumstances that can be rightly be described as corrupt.
In fact, Mr. Ikpeze, in his effort to explain these extraordinary events, informed us that the custody dispute between him and his wife got to the attention of “Baba”, whom he later explained to be the highly respect “Chief Afe Babalola”, your good self, who happens to own the university where Dr. Ikpeze works. Though he didn’t categorically say so, he gave us a distinct impression that you were the engine that powered the entire show. We took special note of your name when mentioned. You are obviously one of the most revered lawyers and non-political leaders of Nigeria with extraordinary influence in this country, especially in the nation’s legal and judicial community. We are sure that when Mr. Ikpeze dropped your name, he expected us to shiver and whether away. But we felt that you are a fair and wise elder who would understand the gravity of the chain of events that have transpired. We must admit that the mentioning of your name and the role you are reported to have played have deepened our concerns rather than allaying them.
OUR CONCERNS:
1. There has a pending lawsuit on the issue of child custody and child support between the same parties and in respect of the same children, which was filed on the 13th of September, 2023.
2. On 30th November, 2023, the Court issued an order for substituted service of process on Mr. Ikpeze, setting the next hearing date to be 20th December, 2023.
3. On the 20th December, 2023, Mr. Ikpeze failed to show up in court because he had a plan. His plan was to use your influence and the police to intervene on the matter and to usurp the powers of the court.
4. In our conversation with Mr. Ikpeze, he bragged in writing that he would go to court the next time, now that the police have given him the children.
5. Based on the update we received this evening, it appears that you have decided all the issues pending before the courts, leaving Mrs. Ikpeze no option than to bend over and take whatever is given to her.
In conclusion, sir, while we will give you the benefit of doubts and assume that you were misled by the stories told by Mr. Ikpeze, who has displayed extraordinary tendency toward falsehood and manipulation, we are constrained to urge you to be fair and to allow the judicial process to play out without any interference from your powerful position. Thank you and God bless.
Yours truly,
____________________
E. C. Ugwuonye, Esquire
Executive Director
———-
MY LETTER TO THE COMMISSIONER OF POLICE, EKITI STATE COMMAND
December 27, 2023
The Commissioner of Police for Ekiti State
The Nigeria Police Force
Ekiti State Command
Ado Ekiti
Ekiti State
Dear Commissioner of Police,
IN THE MATTER OF MR. NNAMDI GEORGE IKPEZE VERSUS MRS. ONYINYE FLORENCE IKPEZE AND MRS. JOSEPHINE UCHE MBELU
Compliments of the season!
We are a human rights and humanitarian NGO. We received a report from the family of Mrs. Josephine Uche Mbelu alleging that a team of police officers from Ekiti State Command arrested Mrs. Josephine Uche Mbelu, her daughter, Mrs. Onyinye Florence Ikpeze, and three children of Mrs. Ikpeze, (hereinafter referred to as the “victims”). According to the report, this incident occurred on 22nd and 23rd of December, 2023 in Port Harcourt, Rivers State. We further learned that the police officers, sent from your command under your directives, moved the victims from Rivers State to Ekiti State by road and they arrived in Ado Ekiti around 7:00pm on 23rd of December, 2023. While the victims were being moved to Ado Ekiti, we were able to speak with the officers. They were polite and professional, and they provided some useful information that helped our understanding of what was going on.
Upon their arrival in Ado Ekiti, we stayed in touch with the victims and the officers in charge of their case. At some point, it was decided by the officers involved that the victims would be released by the police on the condition that Mrs. Ikpeze would hand her two eldest children to Dr. Ikpeze, while she would keep the youngest child till further notice. She had no choice because it was the condition for the release of her and her mother. In the morning of 24thDecember, when they came back to the station to finalize their release, Mrs. Ikpeze was informed that a call came directly from you, the Commissioner of Police himself, that Mrs. Ikpeze MUST hand over ALL the three children to Mr. Ikpeze, instead of the eldest two previously stated. We asked repeatedly to be sure that such instruction came from the Commissioner personally. Again, Mrs. Ikpeze had no choice as that was your condition for her release. She was warned by your men that if she resisted, she and her mother would spend the Christmas in detention and still hand over the children. At that moment, it was clear that Mrs. Ikpeze and her mother were hostages pursuant to your instruction. Mrs. Ikpeze and her poor mother are now back to your office in compliance with your directives.
In the periods between the victims arrival in Ado Ekiti and a few hours ago, we had extensive communication with Mr. Ikpeze himself. Some of the communications with him were in writing. So, we have evidence of what was said and his responses to the questions we asked him. It became clear to us that the entire police operation – the deployment of police officers led by Inspector Isah from Ekiti to Port Harcourt, the arrest and forced interstate transportation of the victims were all for the purpose of transferring custody of the minor children from one parent to the other parent, in a clear usurpation of the court. This was done while using police powers to investigate and prosecute crimes as a pretext.
Mr. Ikpeze, who is a lawyer, disingenuously tried to explain to us that there was a criminal petition filed and that there was a state crime committed by his wife. We use the word disingenuously because there were several indications that the whole effort of the police was procured under circumstances that can be rightly be described as corrupt.
In fact, Mr. Ikpeze, in his effort to explain these extraordinary events, informed us that the custody dispute between him and his wife got to the attention of “Baba”, whom he later explained to be Chief Afe Babalola, who happens to own the university where Dr. Ikpeze works. Though he didn’t categorically say so, he gave us the impression that Chief Babalola intervened to get your office to play the super extraordinary role you have played in this matter.
OUR CONCERNS:
1. There is a pending lawsuit on the issue of child custody and child support between the same parties and in respect of the same children, which was filed on the 13th of September, 2023. See attached copy of court processes.
2. On 30th November, 2023, the Court issued an order for substituted service of process on Mr. Ikpeze, setting the next hearing date to be 20th December, 2023. See also attached order of the court.
3. On the 20th December, 2023, Mr. Ikpeze failed to show up in court because he had a plan. His plan was to use your office and your men to intervene on the matter and to usurp the powers of the court. Your office tried to decide a case pending before a court of law. That is an extraordinary measure.
4. In our conversation with Mr. Ikpeze, he bragged in writing that he would go to court the next time, now that the police have given him the children. So, the police have resolved both issues of custody and child support in his favor.
5. There are two conclusions to draw from all that has transpired: (1) Your office was either misled into inadvertently intervening in a matter pending in court, or (2) Your office is hiding behind the bad-faith petition of Mr. Ikpeze to intervene in and usurp an ongoing judicial proceeding.
OUR PRAYERS:
(1) That you immediately return the children to their mother and direct the parties to continue with the ongoing proceedings at the family court in Rivers State.
(2) That you reasonably compensate the victims for the undue hardship and harassment inflicted upon them by unlawful arrest, unlawful detention and interference with a judicial proceeding.
In conclusion, while we will give you the benefit of doubts and assume that you were misled by the petition of Mr. Ikpeze, we are constrained to inform you, Sir, that there could be severe consequence to your career as a senior police officer if you continue to interfere with an ongoing judicial proceeding. It does not matter if you try to cover it up with a sham criminal investigation orchestrated for that purpose. Thank you and God bless.
Yours truly,
____________________
E. C. Ugwuonye, Esquire
Executive Director
