Nation
Again, FG Stalls Orubebe’s CCT Trial
The Federal Government again yesterday stalled the commencement of the trial of a former Minister of the Niger Delta, Godsday Orubebe, with a proposal to amend the four counts of N70 million bribery and false assets declaration preferred against him.
Earlier on November 9, 2015, the prosecution asked for two weeks to prepare its witnesses when asked to commence the trial shortly after the accused pleaded not guilty to the four counts.
The Justice Danladi Umar-led tribunal had then adjourned till Thursday for the commencement of trial.
However, the prosecution, led by Peter Danladi, rather than call its first witness, proposed to orally amend counts two, three and four, an application which the defence lawyer, Selekowei Larry (SAN), opposed.
Danladi, while applying for the amendment of the charges, cited section 216 of the Administration of Criminal Justice Act, 2015, which he said allowed the prosecution to amend or alter the charges it filed at any time before judgment was delivered.
He said: “The matter was adjourned till today for hearing. But before we proceed, we are applying to amend counts two, three and four.
“The applications is brought pursuant to section 216 of the ACJ Act and pursuant to the inherent jurisdiction of this honourable tribunal.”
The prosecuting counsel was about to give details of his proposed amendment when Larry raised an objection.
In opposing the application, Larry said it could only be done through motion on notice and not orally.
He said: “This is serious business. You ýcan’t just jump up and say you want to amend the charges. You have to notify us about what you want to do. You have to do it through motion on notice. You cannot come and take us by surprise. We have to know what you are doing.
“This is a court of record. Whatever they want to do let them do it properly by way of motion on notice.”
In response, Danladi said the use of word, “anytime” in section 216 of the ACJ Act showed that an application for amendment of charges by prosecution could be done orally.
However, while the tribunal chairman agreed that the prosecution had the right to amend the charges as it wished, it needed to put the defence on ýnotice.
Danladi then asked for two weeks to file the necessary processes for the amendment.
But Umar said since the year was already winding up, the tribunal would only be able to entertain the case in January.
The matter was then adjourned till January 27, 2016.
Nation
Rivers State Judiciary Counters NBA National Position over Contempt Ruling, Says Judge Acted Within the Law
The Rivers State Judiciary has faulted the Nigerian Bar Association National over its March 26, 2026 press release condemning the jailing of a lawyer for contempt, insisting the trial judge acted lawfully to protect the court’s integrity.
In a rejoinder issued by Chief Registrar High Court,David D. Ihua-Maduenyi, Esq., the judiciary said it was necessary to “set the records straight” following reactions to the NBA’s statement on the contempt conviction of Mrs. Lovinah Ugbana Benjamin.
Titled: “JUDGES MUST NOT BULLY LAWYERS OR
ABUSE POWER TO PUNISH FOR CONTEMPT AS A TOOL
FOR INTIMIDATION OF LAWYERS”
RE: IN THE MATTER OF CONTEMPT OF COURT BY MRS.
LOVINAH UGBANA BENJAMIN
IN SUIT NO.
PHC/301/2016 CORAM C. NWOGU J., OF THE HIGH
COURT OF RIVERS STATE.
The state judiciary explained that case in question is Suit No. PHC/301/2016 before Justice Chinwendu Nwogu of the Rivers State High Court, where Mrs. Benjamin served as defence counsel.
The statement read thus
“We are compelled to make this rejoinder regarding the
incident of the conviction for contempt and subsequent
unconditional discharge of Mrs. Lovinah Ugbana Benjamin,
Learned Counsel for the Defendants in the above suit by Hon.
Justice Chinwendu Nwogu of the High Court of Rivers State in
order to set the records straight, and not allow the
misinformation, misconception and reactions arising from the
NBA National Press Release in the matter to fester as reality or
truth.”
In the suit under reference wherein the said Learned
Counsel appeared for the Defendants, the Learned Counsel
attempted to mislead the Court by her signed and filed final
written address, by knowingly and falsely presenting non-
existent facts and evidence of a witness. When confronted by the
Court, she admitted that what she stated in her final written
the address was not true and she was unapologetic.”
“The to uphold the dignity and integrity of the Court, which the
said Learned Counsel treated with clear and brazen contempt, the
Court after following due process, convicted her for contempt and
sentenced her to prison for 3 days only, instead of the 3 months
statutory term due to passionate plea from the Bar.”
“According to the statement the suggestion of the NBA National in paragraph 10 of the
Press Release under reference that “where a court considers
counsel’s conduct improper, the proper course is to invoke
recognised disciplinary mechanisms, including referring
counsel to the Legal Practitioners Disciplinary Committee
(LPDC), rather than resorting to summary punitive measures”,
is not an invariable rule because the act of the Defence Counsel
constitutes contempt in facie curiae which the Court can punish
instantly, hence the action of the Judge is not an abuse of power
or an act of intimidation.”
“Nevertheless, due to the numerous calls from respected
members of the Bar to the offices of the Chief Registrar and the
Honourable Chief Judge for the release of the said Learned
Counsel, and the intervention of the NBA Port Harcourt Branch
delegation led by its Chairman, Mrs. Cordelia U. Eke to the Judge.
in his Chambers in the morning of 26/03/2026 where the
delegation upon learning the true facts of the incident, apologised
and pleaded for the release of the said Learned Counsel.
“The Judge
having accepted the apology signed a production warrant and
upon her production in court and oral application by Mrs. Cordelia
U. Eke, discharged her unconditionally that same morning.”
The statement further stated that It is therefore shocking to read later that day the NBA
National Press Release signed by its President and Secretary, Mazi
Afam Joseph Osigwe (SAN) and Dr. Mobolaji Ojibara respectively,
fiercely threatening and hastily advocated the following ultimata and
the immediate release of the affected
Counsel.
:That the Hon. Chief Judge of Rivers State
immediately investigate the circumstances
surrounding this incident and take
appropriate administrative action.
That appropriate disciplinary steps be taken
by the National Judicial Council, where
necessary.
That the remand of Mrs. Lovinah Ugbana
Benjamin under the circumstances be
condemned and set aside”
“That all NBA branches in Port Harcourt and
its environs and all legal practitioners
boycott the proceedings before the Court of
Hon. Justice Nwogu for a period of 7 days if
Mrs. Lovinah Ugbana Benjamin is not
released within 24 hours.
“It seems to us that it is either the NBA Port Harcourt Branch
leadership did not relate the true position to the NBA National or
if they did, the NBA National decided to speak daggers, not peace
to impugn the Judge as a villain.
“We find the position of the NBA National on this subject very
offensive and embarrassingly raising a feeling of acrimony against
the Judge in particular, and the High Court bench of Rivers State
in general. We categorically state that the Hon. Justice Chinwendu
Nwogu is one of our respected and respectful Judges with
unblemished integrity.
We view this Press Release as an isolated departure from the
enterprising and amiable leadership of the NBA National,
especially its President, whom we hold in high esteem and
admiration.”
“Whilst we appreciate the concern of the NBA National in
bringing attention to the event of 25th March 2026, we assure that
the Bench and the Bar in Rivers State remain veritable partners
in the administration of justice.
“We firmly restate that the Bench in Rivers State holds the Bar
in high esteem and this event would not disrupt the cordial
relationship between the Bench and the Bar.”