A High Court Judge in Rivers State, Justice Lesi Wifa-Adedipe, Tuesday recused herself from a case involving an oil servicing company, Saipem Contracting Nigeria Ltd and Omuso Ernest Ibiama of Tamson Int’l Services Ltd.
Justice Wifa-Adedipe cited a possible conflict of interest.
During the hearing of a fundamental rights case on Tuesday, counsel to the plaintiff, Lawrence Oko-Jaja, moved the motion asking the presiding judge to recuse herself from the case on the basis that the judge had once represented Saipem as a counsel.
Justice Wifa-Adedipe agreed to the motion and noted that the case file would be returned to the State Chief Judge for reassignment to another judge.
Speaking to newsmen outside the courtroom, Oko-Jaja, SAN gave more details on his reason for moving the motion which was not opposed by the defence counsel.
He stated, “First of all, the judge used to be a lawyer and we have been on opposite sides, me representing some clients and she representing Saipem Contracting Nigeria Ltd.
“When this matter came up, I thought she should recuse herself from handling the matter and graciously she agreed that this is a matter which she cannot handle, having appeared on behalf of Saipem just about two years ago in a matter involving both of us.
“So that’s why I asked that she recuse herself and she did so”.
Oko-Jaja further said the case is a human rights case involving an alleged unlawful detention of his client, Omuso Ibiama by the company (Saipem) for a duration of four days.
“We are in Court because Saipem unjustifiably without any reason, logical or otherwise incarcerated, held my client hostage from the 29th of November to the 2nd of December, 2024 in their premises at Aka road.
“And what led to that actually was that he had a contract with Saipem, a very specialized form of contract and they gave him accommodation within their premises and each time he goes out, he signs an indemnity form which says as you out, if anything happens to as you are out of our premises, it is not our responsibility.
“So, when the contract was terminated, he attempted to go out on the 29th and they refused. All attempts by him to go out were rebuffed for reasons that there are some persons out there who may have altercations with him if they allow him to go out.”
He continued, “I mean, what kind of reason is that? People have altercation all the time and you don’t use that to detain someone within your premises for four days.
“We had to consult the police and my colleague had to go with a team of policemen. That was when they were able to allow him to go and we felt his fundamental rights had been breached as a citizen of Nigeria”.
The claimant’s counsel reeled out their demands including damages and a public apology to his client.
“So we have come to court to ventilate our grievances and for the court to find out why? If the Court finds that what they did is unjustifiable, unwarranted and against the constitution of the Federal Republic of Nigeria, of course, there are consequences. So that is why we are in court.
“We ask for a public apology to be published in newspapers and for damages, general damages”.