Presidency threatens to sue lawyer over comments on Buhari's certificate
Mon Jun 20, 2016 11:57:am National
2.7K By sosa hills
President Muhammadu Buhari has threatened to seek legal sanctions against a private lawyer, Mr. Nnamdi Nwokocha, for granting out-of-court press interviews about the court case concerning the president's academic qualification.
Nwokocha had approchaed the court to compel Buhari to either produce his West Afri\can Examinations Council certificate or be declared ineligible to run for Nigeria's presidency.
The presidency has however, condemned what it regards as Nwokocha's attempts to prejudice public opinion against Buhari "by declaring the President guilty on the pages of newspapers".
Reacting yesterday to Nwokocha's press interviews, Buhari's spokesman, Garba Shehu, said it was unfair for a lawyer who is a litigant in a court case to hijack the power of a judge by declaring the President guilty of what he is accused of.
Stressing that "you cannot be a litigant and be a Judge at the same time", Shehu noted that newspaper pages cannot be alternative courts "where a lawyer can declare anybody guilty of anything when the court has not formally given a definitive judgement on an issue before it".
The presidential spokesman said any lawyer that sincerely believed in judicial process and the rights of other parties to a case would not engage in inappropriate and unprofessional practice of trial by media
He argued that this was the situation that played out when Nwokocha openly declared the President guilty when the court didn't make that declaration.
"The two-pages interview splashed on pages 56-57 of ThisDay edition of Saturday June 11th breaches a lawyer's ethical code and we hope that the court and the Bar Association will take notice of this", Shehu said .
He added that if Nwokocha did not not stop this "unfair and professionally inappropriate abuse of free speech, the President's competent team of lawyers will seek the instrumentality of the law in dealing with his unethical actions".
Shehu recalled that gag orders emerged in the United States on account of lawyers' inappropriate conduct on trying and convicting people on the pages of newspapers or the court of public opinion.
He further noted that free speech was not synonymous with recklessness and wanton abuse of the rights other parties to a case in court.
"The litigant's unabashed claim that he was a card-carrying member of the opposition PDP which lost power in the last election clearly indicates a scheme that seeks power by circumventing the democratic process of elections", Shehu concluded.
Nwokocha had approchaed the court to compel Buhari to either produce his West Afri\can Examinations Council certificate or be declared ineligible to run for Nigeria's presidency.
The presidency has however, condemned what it regards as Nwokocha's attempts to prejudice public opinion against Buhari "by declaring the President guilty on the pages of newspapers".
Reacting yesterday to Nwokocha's press interviews, Buhari's spokesman, Garba Shehu, said it was unfair for a lawyer who is a litigant in a court case to hijack the power of a judge by declaring the President guilty of what he is accused of.
Stressing that "you cannot be a litigant and be a Judge at the same time", Shehu noted that newspaper pages cannot be alternative courts "where a lawyer can declare anybody guilty of anything when the court has not formally given a definitive judgement on an issue before it".
The presidential spokesman said any lawyer that sincerely believed in judicial process and the rights of other parties to a case would not engage in inappropriate and unprofessional practice of trial by media
He argued that this was the situation that played out when Nwokocha openly declared the President guilty when the court didn't make that declaration.
"The two-pages interview splashed on pages 56-57 of ThisDay edition of Saturday June 11th breaches a lawyer's ethical code and we hope that the court and the Bar Association will take notice of this", Shehu said .
He added that if Nwokocha did not not stop this "unfair and professionally inappropriate abuse of free speech, the President's competent team of lawyers will seek the instrumentality of the law in dealing with his unethical actions".
Shehu recalled that gag orders emerged in the United States on account of lawyers' inappropriate conduct on trying and convicting people on the pages of newspapers or the court of public opinion.
He further noted that free speech was not synonymous with recklessness and wanton abuse of the rights other parties to a case in court.
"The litigant's unabashed claim that he was a card-carrying member of the opposition PDP which lost power in the last election clearly indicates a scheme that seeks power by circumventing the democratic process of elections", Shehu concluded.
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