*Says Alteration Of Court Order Is Not Only An Infamous Conduct But Also A Crime

A Senior Advocate of Nigeria, Mr. J. S. Okutepa, has reacted to the alleged alteration of the order of Port Harcourt Division of the Federal High Court allegedly done by a lawyer.

In a statement made available to ASKLEGALPALACE, Okutepa said the action is not just an infamous conduct, but also a criminal offence.

He said, “The leadership of the legal profession must do something to save the profession from further mess and total disrepute the profession is currently being plunged into. That a lawyer can go to the extent of altering orders of court to include reliefs not granted is not only infamous conduct in professional respect but criminal offence for which no decent society should condone and tolerate.

“Today the social media was awash with the news that a lawyer altered orders of the Federal High Court sitting in Portharcourt.

“The report by Santos Owootori Esq reads: ‘The Fundamental Human Right case filed against the Edo State Govt in respect of COVID19 vaccination came up today 17/9/2021, before the FHC, Port-Harcourt. The Applicant, represented by Chief E.O Odey Esq, leading S.C Eziefule Esq, reported to court that the Edo State Govt has been disobeying the court’s Order of injunction in the case. The Hon Judge denied making any order of injunction and then went through, reading aloud, the court’s record but could not find any such order. The Applicant’s counsel insisted he has an enrolled order of injunction signed by the judge. The court then asked the Registrar of court to read out in open court all the enrolled orders of court in the court’s file.

Finding no order of injunction, the Hon judge asked the lead counsel whether he was in court the day such alleged ExParte Order of injunction was made, to which he replied that it was his junior that came to court.

The judge then asked the junior to address the court about the source of the purported enrolled order. The junior said he was the one who took the enrolled order given to him which did not contain an order of injunction back to the court Secretary telling the secretary that it was an omission and got the secretary to add the order of injunction. At that point, the Hon Judge ordered both counsel into the dock and was about sending them to prison when Mr. Ken E Mozia SAN, who was in court intervened to profusely apologize on behalf of the lawyers and pleaded passionately with the judge to pardon the reprehensible conduct of the two lawyers in the interest of cordial Bar/Bench traditional rapport. He was joined by Mr. Wole Iyamu SAN and Chief Femi Falana SAN to plead for mercy. Eventually, the lawyers were pardoned by the Presiding Judge, Hon Justice A.T Mohammed and warned against such conduct. Today being the last day of FHC Vacation Court sitting, the case was transferred back to the Benin Judicial Division of the FHC’. ”

Okutepa, SAN, said he initially took it as one of those normal social media fake news but that from available information, the story seems to be true. He commended the distinguished silks who pleaded with the learned Judge to temper justice with mercy as according to him, is a tradition of the bar.

However, Okutepa stated that the matter should not be swept under the carpet. Just as the Chief Justice of Nigeria took steps to investigate the conflicting Court Orders recently delivered by three judges, the NBA should take similar steps regarding this alleged alteration of court judgement.

He said, “At first I took this as one of those Nigerians jokes and fake news. But from available information and contact I made this is a reality.

“My distinguished colleagues who pleaded with his lordship to temper justice with mercy have discharged professional duties and responsibility bestowed on them by hallowed traditions of the Bar or the hazardous professional traditions and responsibility bestowed on them as senior members of the profession. That is how it has been from considerable time immemorial.

“But beyond the pleas for his lordship to temper justice with mercy and not to send the lawyer to prison we must not allow this unethical and criminal conduct to be swept under the carpet.

“Not too long ago the Hon the Chief Justice of Nigeria had cause to invite some Chief Judges over Ex-parte orders. The CJN did not stop there, NJC under the watch of CJN has empanelled committees to investigate those judicial officers with a view to hearing them and if need be visit appropriate sanctions. That for me is the way to go. In the same vein, the leadership of the legal profession and particularly NBA must not allow this incident to be swept under the carpet.

“NBA must empanelled committee of its members to investigate the facts and circumstances that led the lawyer to altered the orders of court with a view to bringing the lawyer before LPDC. The Executive arm of government through the security agencies must investigate the parties involved with a view for them to have their days before the criminal court.

“To alter an order of court and present it as genuine is a serious matter that goes to root of justice. The integrity of the legal profession in Nigeria today is in low elb due to actions of bad eggs in the profession. We must not allow the profession to suffer total professional wreckage before we think of salvaging it. Time to act is now.”