Retiree Sues Supreme Court Over Unlawful Conviction

 A 79-year old man, Innocent Omorogiukpon, has dragged the Supreme Court of Nigeria to a  Federal High Court in Benin City, praying for a reversal of his alleged unlawful conviction in 1975.

The Septuagenarian, a former staff of the Federal Ministry of Internal Affairs, Lagos was in 1974, sentenced to a jail term of six years, at the age of 32 for alleged

unlawful receipt of gratification.

The apex court,on June 12, 1975, upheld the verdict of the lower court and  sentenced the now Septuagenarian to a jail terms of six years, which ran concurrently.

In a suit number FHC/B/CS/30/2020 filed by the Septuagenarian”s  counsel, Edore Esiri Charles Esq, averred that the Supreme Court was partial in its judgment as  his client was not given a fair hearing.

He maintained that based on the partial judgment, his  constitutional and fundamental human rights were grossly violated, adding that six years jail term was illegal.

He also contended that as a result of the alleged illegal imprisonment,  he had suffered permanent and continued humiliation by being tagged an ex-convict, lost his job in the Federal Civil Service in 1974 till date having been employed in 1971as an administrative officer and denied various appointments, politically, socially and others.

He said the decision to sue the apex court was due to the failure of the registrar of the court to grant him a  certified true copy of the judgment.

He wrote in  his affidavit:”I was employed in 1970 by the cabinet office Lagos and was posted to the ministry of internal affairs as an administrative Officer Grade 5, Ikoyi Lagos.The following year being 1971, I was included among the list of those to write the administrative exam for the year 1971 for all federal administrative officers that have not written it or have written and failed.

“This did not go down well with my senior officers and some of my counterpart, because the exam was seen as a very though exam and will enhance rapid promotion for those that passed.In 1974, I was convicted by the Lagos High Court on a corrupt charge of receiving unlawful gratification which was a complete set-up by government officer (machinery) to rope me in, and the court rule without any proper consideration or considered ruling, sentenced me to six years imprisonment, a judgment based on probability and I was sent to Kirikiri maximum prison by the Chief Superintendent of the prison.

“Since there was no Court of Appeal as at that time, I now appealed to the Supreme Court haven been dissatisfied with the decision of the High Court in exercise of my rights under the constitution.A date for hearing was set aside, I was reproduced on the said date, the case was called, my lawyer announced his appearance and what was heard next was “Appeal Dismissed, we rise”.

“I wrote to the Chief Registrar of the Supreme Court, Lagos, on the 25th day of August, 1975, requesting for a copy of the Supreme Court judgment in the criminal appeal, I was told that there is no written judgment in the case”,he alleged.

In the suit, Omoroguikpon,pra the court to determine, whether the delivery of judgment without a record book or a written judgment is constitutional and not actionable, and also whether a judgment delivered on a probability or a vague judgment lawful was not a violation of the constitution.

He sought the reliefs of the lower  court for the enforcement of his fundamental rights as enrished in  the 1999  constitution of the Federal Republic of Nigeria as amended.

He also prayed for a declaration of the payment of his salary up to when he would have been due for retirement,  payment of his retirement benefits as necessary (pension and gratuity).

Other demands are, an award of the sum of N2billion as general and or exemplary damages for compensation for the unlawful imprisonment for six years, a public apology to be published in a national daily and for such order or orders as the court may deem fit to make in the circumstances.