Ijele’s Brother Petitions FCT Judicial Service Commission To Dismiss Chief Magistrate Iyanna Over ‘Collusion With Nigeria Police To Detain Blogger Without Trial’
The Federal Capital Territory Judicial Service Commission has been petitioned to sanction and dismiss Hon. Chief Emmanuel Iyanna, Chief Magistrate, Court 2, Wuse Zone 6 Magistrate Court, Abuja, for allegedly colluding with some officers of the Nigeria Police Force, to unlawfully keep a Nigerian citizen, Chizorom Harrison Ofoegbu, popularly known as Ijele in detention for 55 days without trial.
The petition was addressed to the Chairman of FCT Judicial Service Commission and copied to Chief Justice of the Federation, Hon. Chief Judge, High Court of the Federal Capital Territory and Hon. Chief Emmanuel lyanna himself dated May 16, by Chimara Loveday Ofoegbu on behalf of his brother, who is in detention.
Titled, “Petition against Hon. Chief Emmanuel Iyanna, Chief Magistrate Court 2, Wuse Zone 6 Magistrate Court, Abuja, for judicial misconduct, gross abuse of office, exparte communication with a party to a proceeding, abdication of duty, gross abuse of legal process against a Nigerian citizen and the signing of a production warrant in a case pending before another Court,” the petitioner urged the commission to dismiss Iyanna from the bench for the alleged conduct.
The petitioner wrote, “My name is Chimara Loveday Ofoegbu and I am writing this petition on the express instruction of my blood brother, Chizorom Harrison Ofoegbu, who was until about 6.30pm on May 15, 2024, was being unjustly detained at the Nigerian Correctional Centre, Keffi, Nasarawa State, for 55 days without arraignment, but has been subsequently whisked away by officers of the Nigeria Police Force on the basis of an unlawfully production warrant issued by Hon Chief Emmanuel lyanna, and is therefore, unable to personally write the petition.”
Chimara maintained in the petition that the facts stated are well known to him by virtue of his participation in all the proceedings against his brother since he was first brought before lyanna on March 21, 2023, for remand proceedings.
He detailed how Chief Magistrate Iyanna allegedly colluded with some policemen to deny his brother justice and perpetually keep him in detention and prayed the Federal Capital Territory Judicial Service Commission to dismiss him from the Bench. He insisted that the Chief Magistrate was not fit to preside over “anybody, man or otherwise, as the facts below will demonstrate Acts of judicial misconduct, gross abuse of office, abuse of court process and abdication of duty.”
Chimara stated that trouble started on March 19, 2024, when his brother was served with a letter of investigation by officers of the Nigeria Police Force, inviting him to the office of the Assistant Inspector General of Police, Zone 7 Headquarters, Conakry Close, Wuse Zone 3, Abuja, for the alleged case of criminal intimidation, threat to life, cyberstalking, cyberbullying and conduct likely to cause breach of peace.
He noted that as a law-abiding citizen who has no criminal activities to hide, on March 21, 2024, his brother voluntarily honoured the police’s invitation. He said upon his arrival there, he was taken to his worship Hon. Chief Emmanuel lyanna’s court, for remand proceedings.
The petitioner stated that the application for remand order was filed by one B.N Ezeala. Esq of the Nigeria Police Force and granted in the name Ofoegbu Chukwuma (King of the Game), and despite his protest as to the name not being his, he was transported to the Nigerian Correctional Centre, Keffi, Nasarawa State where he was detained for 55 days without arraignment.
He said, “In applying for the remand order, officers of the Nigeria Police Force stated on oath that they were still investigating my brother and also stated on oath that they had filed a charge, which suggest that investigation had been concluded. Despite these contradictory statements, Hon. Chief lyanna issued the remand order and adjourned to April 3, 2024 for compliance.”
Chimara stated that as at March 21, 2024 when lyanna granted the remand order, no charge had been filed against his brother by the police in any court.
Giving particulars of alleged collusion, the petitioner stated that on April 3, 2024, while remand proceedings were pending before Hon. Chief lyanna, and after his brother’s lawyers had filed a motion to set aside the remand order and fully entered appearance, Magistrate lyanna admitted B.N Ezeala, Esq who filed the exparte application for the remand order, into his chambers and had exparte communication with her for over 30 minutes, while his brother’s lawyers were sitting in open court.
He added that unfortunately, “in his ruling of April 18, 2024, on my brother’s application to set aside the remand order, Hon. Chief Emmanuel lyanna made reference to charge No: FHC/ABJ/CR/159/2024: INSPECTOR GENERAL OF POLICE v CHIZOROM HARRIS OFOEGBU that was never exhibited before him by either party to the proceeding, which suggest, once again, that Hon. Chief Emmanuel Iyana received the charge from officers of the Nigeria Police force extra judicially.
“In his ruling of April 18, 2024, on my brother’s application to set aside the remand order, Hon. Chief Emmanuel Iyanna deliberately ignored issue one in the said motion, contrary to the admonition by the Supreme Court that all issues raised in an application must be pronounced upon by the Court.”
He added, “Having struck out the remand proceedings, Hon. Chief Emmanuel lyanna refused to order my brother’s release or sign a production warrant despite the clear provisions of section 295 and 296(3) of the ACJA (Administration of Criminal Justice Act) which gives him the power to grant bail, thereby keeping my brother perpetually detained at the Nigeria Correctional Centre, Keffi, Nasarawa State, at the pleasure of rogue officers of the Nigerian Police Force and the norminal complainant.
“When the nominal complainant and the rogue officers of the Nigeria Police Force felt there have had enough pleasure detaining my brother for 55 days without arraignment, Hon. Chief Emmanuel Iyanna once again, made himself a willing tool and signed a production warrant on May 15, 2024, that he had earlier claimed not to have jurisdiction to sign, despite the fact that no proceedings were pending before him.
“Hon Chief Emmanuel lyanna issued the production warrant notwithstanding the fact that the remand proceedings were pending before Hon. Chioma Amanwachi and scheduled to come up on May 16, 2024, thereby giving officers of the Nigeria Police Force the opportunity to whisk my brother away from the Nigeria Correctional Centre, Keffi, Nasarawa State, at about 6.30pm on May 15, 2024, to unknown destination.”
SaharaReporters reported in April how the hearing of Ijele’s bail application suffered another setback following the absence of Chief Magistrate Iyanna who claimed to be ill.
Ayana on April 8 adjourned the case to Friday, April 12, 2024, for the hearing and ruling on the application filed by Ijele’s lawyer, Marvins Omorogbe.
Surprisingly after the lawyers waited for hours in anticipation of the commencement of the proceedings, a court clerk walked into the courtroom to announce that the court would not be sitting as scheduled as a result of the ill health of the magistrate.
