LIFE IN THE BAR WITH CHIOMA EKECHUKWU
BACKGROUND
My names are Cletus Otagbuorie Chidi Ezerebo. I am a titled Chief. I hold the chieftaincy title of Agu N’eche Mba 1 of Umuchima (the Lion that guards and defends the town). I am a native of Umuchima in Ideato south local government area of Imo State. I am a lawyer by profession, called to the bar in 1986. Also I have been in the Police Force for some years.
WHY LAW?
I studied law because I lost my father as a child and I went through hell. I also experienced a lot of injustice in life and I resolved that the best way I can fight injustice for the remaining part of my life is to study law and be a lawyer.
ROLE MODEL
In 1974 when Chief Gani Fawehinmi defended MinIerie Amakiri in Port Harcourt, I was really impressed till now, Chief Gani Fawehinmi has remained my role model. Also I admire Professor F.C. Dike for his humane qualities. This is a senior who treats both his juniors and contemporaries alike.
First COURT APPEARANCE
There was nothing spectacular about my first appearance in court except that I caused a stir in the court. Some felt that I should remain as armchair O/C legal as was fashionable then in the Force, but I chose to blaze a trail by my appearances in the courts. See my book: “Right of Audience in Courts…” I was prepared to take the matters as they come. I was O C legal in Benue State police command from 1987 – 1989. Some of the magistrates and judges commended me that I used to practise as if I was already 10 years old at the Bar even though I was barely I year old then. One of them by name D.S Ogun, then a Chief magistrate, because of that, became a very wonderful friend of mine. I have lost contact with him though.
EARLY DAYS BEFORE CALL TO BAR
Like I said earlier, I am from Umuchima in Ideato south local government area of Imo State. I had my primary education at school of Immaculate Conception Umuchima now Central Community School. I did my G.C.E O’ levels and passed in 1979/80, I sat for JAMB in 1981 and got admission to study law at the University of Nigeria Nsuka from 1981 – 1985. I was a foremost students’ union activist in my school then. I propounded the political concept of ‘Otakism’ and Otakis has stuck with me since then as my nickname. I was the vice president LAWSA ( Law students association) & chairman law week committee 1982 – 1983 session. In 1983 – 1984 session, I was the senate president for Enugu and Nsukka campuses of the students union. In my final year I became an elder statesman and a kingmaker. After the University, I went to the law school and was called to the bar in 1986.
MEMORABLE DAYS AS A STUDENT UNION ACTIVIST
During the currency exchange of the Buhari/Idiagbor period of 1984, a lot of students were really suffering and I used my position as the students’ union Senate president to get access to the banks, got money and distributed to the students on official exchange basis. It is important to note here that the senate president was the defacto and dejure president of the students’ union, UNN; because, both campuses (Enugu & Nsukka campuses) were branches of the students’ union government under the senate.
Also, my school, University of Nigeria Nsukka, was one of the few universities that did not close down during that time because of money crisis and feeding arrangements. We had a meeting with the then vice chancellor, Professor F.N. Ndili, and agreed that the university should not close down. I am a self made man all round. I saw myself through the university and so, I didn’t want a situation whereby the university would have been closed down and thereby elongating our period there. I was very happy that we were able to persuade the vice chancellor and the school did not close down inspite of the difficulties.
WHICH COMES FIRST IN YOUR LIFE: THE POLICE ACADEMY OR THE LAW SCHOOL
Of course I will remain and die as a lawyer. Certainly, I don’t pray to die as a police officer.
I was in the police force but was later granted study leave without pay and I went to the university. After that I came back and I attended cadet A.S.P course in 1986. When I passed out, I was posted to Benue State where I served as O/C legal from 1987 – 1989. By 1989 Babangida’s regime came up with a policy whereby certain officers were asked to go back to their home states. I went back to Imo State where I became the O/C legal for the state command from 1989 – 1993. From 1993 – 1994 I was in Abia State as O/C legal. After that, I was in Cross River state briefly as 2i/c Area command, Ogoja before I moved to Akwa Ibom state. I remained fairly long in Ibom land, from March 1994 to July 2002. I was briefly posted as the DPO Ughelli South (Otu-jeremi) before being posted to the Police Academy, Kano. While in the police academy as the director of legal studies, I wrote two books. One of them was entitled “Independence of the Judiciary: A Critical Appraisal; and the second one, “Right of Audience in Courts and Prosecution of Cases by Police Officers”. If one reads in particular “Right of Audience in Courts and Prosecution of cases by police officers, you will see the battles I had fought for the Police Force, especially in Imo and Akwa Ibom States; because, practice in these states were very vibrant and challenging. So it was my experiences in these states that made me to write the book.
WHAT IS YOUR MIND SET, THE ONE OF A LAWYER OR POLICEMAN
“For there to be a good Nigeria, I believe that 50% of the police officers supposed to be lawyers” that will be very good. Also if some percentages of lawyers have police experience that will make our country fantastic.
BAR ACTIVISM
Infact I support activism all through my life. I don’t like conservatism at all. This is because conservatives look down on things even when they are oppressed, they won’t take positive action. By implication, they encourage tyranny and official wickedness.
WHERE WOULD YOU RATHER BE ON THE SIDE OF THE POLICE AS AN INSTITUTION, JUSTICE AS A WAY OF LIFE.
I am not a proud man, rather I am a very realistic person. I have seen a lot of things as a police officer. There are certain things, which do not conform with my personal beliefs, but in those cases, I always give my opinion the way I see them. While in Akwa Ibom State, I reinvestigated a case re: Iniobong Sunday Uko, I disregarded a post-mortem report by a certain medical doctor because it was inconsistent with reason. The post-mortem report had stated that the deceased committed suicide by hanging. In the re-investigation, three pathologists carried out a fresh autopsy where the story of suicide by hanging was completely demolished and I was thereby vindicated. I was able to show that the deceased did not commit suicide by hanging contrary to what the initial report stated. See page 116 of my book: “Right of Audience in Courts…”
I was vilified, bullied and battered by the powers that be then but I was ready to suffer the consequences. In the end, nobody could proffer any opinion contrary to mine. I vindicated though, not decorated with garlands.
So, you can see that I will always stand on the side of truth and justice no matter the personal sacrifice or other forms of deprivations.
ASSESSMENT OF THE JUDICIARY
I think I will keep that assessment to myself. This is because in some areas, you feel disappointed by the decisions of some judges and in some other areas, you see that some of these judges have lived up to expectation. But by and large, I will urge you to read my first book: “Independence of the Judiciary: A Critical Appraisal”. You will get everything you want there.
IF THE WAY YOU FEEL ABOUT A CASE DOES NOT STAND, WILL IT MAKE THE JUDGEMENT THEREAFTER WRONG
No, but you see, when a judgment is given and even my mother who is not educated or my wife, though well educated but not a lawyer could even tell you this is not the position of the law. I give you an example with Public Officers Protection Act which says that a public officer shall not be sued for official action except within three month of the act complained of. But the Act itself went further to say that time shall not start running until the cessation of the act or the effect, or the injury or damage caused by that act. In other words, if a public officer has taken action today and the consequences, the effect or the damage arising from that action continues even in the next 2 years, if you commence action within this period, you are still in order. Nobody can say it is statute-barred. So if a judge decided contrary to that and my wife who is not a lawyer though, a masters’ degree holder will read it and say ah!, it is a pity.
There is a supreme court judgement in 1991 in the case of Obakpolor Vs. The State where the supreme court said that courts should do justice to the case and not cling to technicalities, be they technicalities arising from statutory provisions or technicalities inherent in the rules of the court. What you should do after, is to do justice to the case especially when you know that some of these technicalities go a long way to aid and abet injustice in the administration of justice.
GIVEN THE OPPORTUNITY, WHAT WOULD YOU CHANGE ABOUT THE NIGERIAN POLICE
The first thing I will do is to make sure that the Nigeria Police has human face and human heart. I will make sure that the Nigeria Police stops being vindictive against its finest officers. The Nigeria Police is full of dog eating dog. Everything being done in the Force Secretary’s Department in the Nigeria Police should be transferred to the Police Service Commission except postings of junior officers .
Also, our police are fond of hostage taking. If I commit an offence for instance, you are looking for me, you did not see me, then you go and arrest my mother, my wife or any member of my family for what? That practice is very wrong because they did not commit any offence with me. That is pure hostage taking and it should be stopped.
There is a commission now and this commission is to make sure that officers are not unduly humiliated, destroyed or embarrassed; and that they should have a right to be fairly heard before guillotine.
The constitution, in line with the Police Service Commission Act says that the police service commission shall have the power to appoint, promote, discipline, retire or dismiss all police officers from the rank of constable to Deputy Inspector General of Police but now the police service commission has, by what they call mandate, delegated the powers to discipline from the rank of Inspectors downwards to the IGP. In other words, the IGP has no powers to deal with officers from the rank of ASP upwards. So a situation where the IGP purports to deal with a Chief superintendent of police (CSP) or to suspend him by verbal directives, he was acting clearly ultra vires his powers. A serious constitutional breach if I may say. So if I am given the opportunity to be IGP, I will change all these things and make sure that things are in order. I will make sure that we have rule of law and not rule of might by force of arms.
IF YOU TAKE AWAY THE POWER OF DISCIPLINE WOULDN’T THERE BE CHAOS
What I am saying is that when these powers are concentrated in the hands of the IGP, he becomes a tyrant. It is the duty of the police service commission to issue query to an erring officer or take any disciplinary action it deems fit and not on dictation or directives of the IGP.
ADMINISTRATION OF JUSTICE, WHO IS TO BE BLAME
People blame the police for most of the things that happen in prosecution, That is the general belief of everybody but when you talk about administration of justice, a lot of institutions come in. Police is there, Judiciary is there, the Ministry of Justice and at times you bring in the Prisons because of production of awaiting trial suspects. In the case of ministry of justice, the problem there is that when you send a case-file for legal opinion, the files will be there for months and nobody will attend to such files but some of them will be very eager to come to court to take over prosecutions of minor cases from police prosecutors. Read chapter two of my book: “Right of Audience in Courts…” you will get overdose of instances of this nature.
Before you can claim to exercise that power of the Attorney General to take over a case, the AG must have directed in writing or he is there in court to take over. So there should be in the ministry of justice, people who will adequately give the legal opinion in the files so that there will be no congestions in the courts.
HOW DO YOU COPE AS A POLICEMAN AND A LAWYER
I coped very well. All through my life, I have never gotten anything on a platter of gold. I have to fight for everything I have gotten. You can see that in my 20 years post call I am still addressed as a CSP. I have only gotten three promotions since more than 20 years even though I maintained “A” grading in my APER forms for eleven consecutive years without anything to show for it. I have one of the best and cleanest records in the Police Force.
I made sure I handled my cases diligently. I try as much as possible to do justice to all manner of people not minding whose ox is gored. So long as I am doing justice to people, I dawn the consequences. If you read my two books that I mentioned earlier, I dedicated them to all men of goodwill who abhor injustice in all its ramifications. Even my third book which will be published at the end of my current travails, I will dedicate it the same way also.
ARE YOU GOING STRAIGHT FROM RETIREMENT TO YOUR CHAMBERS? TELL US YOUR PLANS
My greatest ambition is to set up a formidable chambers. Most of my colleagues in the university were surprised to see me in the Police Force. As soon as I set myself free from all encumbrances, I am going to set up my own chambers. In fact, it is already in the offing.
WHAT IS YOUR VIEWS ON LAWYERS IN POLITICS
I think it is better for lawyers to be in politics. Sorry to say this but there are some members of the legislature who do not even really appreciate the law. It is really good to be a lawyer as to be a lawmaker. Somebody who is not a lawyer will not be effectively fitting into making some laws but if you are a lawyer you will appreciate the law better. I am not saying that others are not doing well. They are doing well but I feel that the lawyer will do better.
ARE LAWYERS LIARS
No, lawyers are not liars. I don’t believe that. Rather, it is the clients that are liars. No lawyer goes to court to present his own facts. They go to court to present the facts given to them by their clients. For instance, in a land matter, a client will tell you that this piece of land belongs to his family and so on. You have to present the facts as given to you by that client. If that turns out to be a lie, that is for your client not you.
WHAT COMES FIRST IN YOUR MIND, TO DO JUSTICE OR WIN YOUR CASE EVEN IF IT MEANS DILUTING SOME FACTS
I know it is the objective of every lawyer to win a case for his client but what I don’t like is a situation where a lawyer will want to win his case at all cost. A lawyer with the mindset of winning at all cost can do anything including cutting corners. Do your best and let everybody see that you have put in your best even if it goes against you.
WHO IS A GOOD LAWYER
A good lawyer is that lawyer who knows what the law says and puts it before the court without cutting corners, without going to any length to run down a colleague.
Before going to court I used to study my case file, make sure that I have a good case. If I don’t have any good case, I simply put up my minute in the file “advising the authority” that there is no good case in this case. This I do as a prosecutor.
AS A LAWYER WILL YOU REJECT ANY BRIEF
Why not, if I see bad briefs I will reject it. I stand against injustice and I have been fighting for justice all my life. So if you come before me and from my interactions with you I discover that you are the one trying to perpetuate injustice to some other person and you want me to do that, I will say no, no matter the offer.
DOES YOUR JOB CLASH WITH YOUR FAMILY LIFE
I thank God I married my wife and not any other woman. Her name is Evangeline Ubakaghinwa Ezerebo, nee Agbada. She asked me to always keep my hands straight and clean in the job and not to be tempted by the lucre. So I don’t have any problems with her. She has been my greatest source of inspiration and a pillar of support. She has given me beautiful children of equal ratio.
ADVISE TO POLITICIANS
My advise to politicians is that they should observe the rules. They should play the game according to the rules. This is because if there should be anarchy in this country because of political crisis and all that, it is going to affect everybody. Nobody is safe in a state of anarchy. Let politics not be life and death in Nigeria. Take for example during the civil war, the remote and immediate causes of the war were caused by the politicians. Look at how many people that died; many of them were not even politicians.
IF YOU MUST DIE TODAY FOR A COURSE, WHAT WILL IT BE
If I should die today, let my epitaph read, “Here is the man who came and saw and fought injustice in all its ramifications. Thank you.
ASSESSMENT OF EFCC.
The EFCC is doing a good job. They are really trying but don’t forget that they have the backings and supports of the powers that be. So in such a situation, they cannot but be very effective. In my own case, I did not have such backings and supports. I will give you few instances, firstly, in July 1999, to be precise, on 26th July, 1999, one boy, an undergraduate named Iniobong Sunday Uko was taken captive by the aids of Air Marshall Nsikak Eduok (rtd) and detained in his house on the allegation that he was the conduit pipe through which his elder brother, John Sunday Uko siphoned Eduok’s N5.8m (5.8 Millon Naira). The elder brother, John was Air Marshall Eduok’s orderly who allegedly stole his master’s money to the tune of N5.8m. In the early hours of 28th, July 1999, the captive undergraduate died, and it was alleged that he committed suicide by hanging. The case was purportedly investigated by one Johnson Udoaka, then, a DSP but now a CSP, and it was concluded that the deceased committed suicide by hanging. Unfortunately for them, when the case file was finally sent to me in my capacity as the O/C Legal, Akwa Ibom State Police Command, I disagreed with the report. I put up a very powerful minute (minute 8) in the case file holding the view that it was a simulated case of suicide by hanging after the deceased had been killed, and recommended re-investigation of the case.
After this my minute 8 in the case file, hell was let loose against me. I was bullied, vilified, and battered by the powers that be because a big man was involved etc. I became a persona non grata to the command CP, Yahaya Baba. The zonal A.I.G in Calabar, Tony Oyakhire, summoned me and threatened me with hell and brimstone.
Being a man of extra-ordinary courage, I stood my ground and maintained my opinion and challenged them to take the case file to anywhere, independent of Akwa Ibom State, and contradict me, because, the facts in the case file did not support suicide by hanging but rather, suggested simulation of suicide by hanging after an unlawful killing. After some weeks, the AIG summoned me again and confessed that he had actually sent the case file to three other independent places and each of them, returned the file with the comment that they could neither add nor subtract from my opinion, and so, he had decided to appoint a panel to re-investigate the case as advised in my said minute. The panel was comprised of Barr. Victor Abia; SP, O/C Legal Zone 6, Calabar; my humble self, Barr. C.O.C. Ezerebo, SP; O/C Legal Akwa Ibom State and few other ranks. My office in Uyo was used as a base. In the re-investigation, three pathologists namely: Prof. E.B. Attah, for Air Marshall Nsikak Eduok; ACPOL Ebenezer Ajayi from Alagbon Close, for the Police; and Dr. Nwosu from UPTH Port Harcourt, for the deceased family, completely ruled out, and demolished the story of suicide by hanging in its entirety. Three of them agreed in their reports that there was heavy bleeding in the scalp. Doctor Nwosu in particular, gave his opinion that the deceased’s death was caused by traumatic head injury. In fact we were there at the autopsy with video camera to cover the proceedings. In our report, we established a prima facie case for the suspects to answer but up till today, nothing has happened because again, a big man was involved. I was thereafter, seriously victimized and tossed about, from pillar to post, for exhibiting uncommon courage in Nigeria. So you can see that given the necessary supports and backings by the powers that be, and of course with the necessary perquisites of office, some of us will excel, and can move mountains.
HOW DID YOUR KNOWLEDGE OF THE LAW AID YOU IN PARTICULAR, IN THE RE-INVESTIGATION?
My knowledge of the law assisted us tremendously in that re-investigation. For example, after our report and recommendation thereof, the AIG summoned us (the two senior officers) and was asking us how we could prove the case in court since there was no independent eye wittiness. I simply referred him to section 149 (d) of the Evidence Act, which relates to the presumption of withholding evidence. Under that section, it is permissible to presume that evidence which could be produced, and is not produced, would if produced, be unfavorable to the person who withholds it. So if I did not have the knowledge of the law, it would have been difficult to convince him at that material time, of the genuineness of our recommendation. There were many volatile cases of this nature, which I handled while in Akwa Ibom State but time and space, will not permit me to recount them. Be that as it may however, kindly permit me to say in passing, that such cases include the Uyo Local Government Council case in which five councilors out of eleven had fake certificate problems; the master of dub cheques, M.B. Akpan, who calls himself as the managing director of “Akwa Ibom Transport Agency” and was defrauding people by use of dud cheques; one Mr. Okure’s case, in which his bus was burnt in the Uyo Motor Park yet he was told that there was no law to give him remedy except section 451 of the criminal code which is ordinary misdemeanour until a certain judge referred him to me for salvation. There was also, the Effiat Mbo Local Government / Tom Shot Island case; and of course, the Oku-Iboku/Okot Offiong/Okpokung River crisis a.k.a Akwa Ibom/Cross River boundary dispute. In the five councilors fake certificate case, there was indeed assassination plot against me and a fellow officer was a privy. Ditto in re Iniobong Uko’s case but my saving grace was that I used to be fully armed in my house as well as abandoning my car for chartered cabs and also in disguise. The list is many but suffice it to mention these ones yet in point. I will only advise you to wait for my memoir, which will be all-inclusive and very explosive. I have instructed my Executors to make my memoir public should I die before time. In fact, by the time I left Akwa Ibom State, the State’s Chief Judge, Hon, Justice E.D.U. Idong, remarked that in 20 years time, nobody will forget that I passed through Akwa Ibom State. Indeed, I used the law to maximum advantage both as an investigator and a prosecutor, and they in zone 6 Calabar, were always calling me for one investigation or the other.
WHAT IS BEHIND YOUR CURRENT PROBLEMS WITH THE IGP. EHINDERO; IS IT PRIDE OR PRINCIPLE?
Well, I have written so much, said so much and granted many interviews on this. If all these are published, it will be all right but the problem is that, he has been using his office to kill these interviews and press reports on the case. But be that as it may, let me try to answer your question briefly. The man just wants to destroy me in life, that is all. He felt that I was taking the shine off him especially, in the police legal circles and, in the area of book writing. Initially, he pretended to love me. But later events have shown that he hates me with passion. For example, in the interview he granted to the Newswatch Magazine (see June 5th 2006 edition) at page 65, he said Ezerebo has nothing to offer, and that he brought me out of the Academy, thinking that I had something to offer. Now, listening to me in this interview, do I look or sound like somebody who has nothing to offer? Throughout my life, especially my adult years, I have interacted and been interacting with people, and they know that I have something very substantial and reasonable, to offer. In fact, it was some of the judges and National Assembly members who were my contemporaries either in the University of Nigeria Nsukka or in the law school that drew my attention to the said publication, and all of them were of the view: “that the man has simply shown the extent of his malice, bias and hatred against me”. And so, that being the case, I have nothing to fear from him because, he is not God that can kill both the body and the soul. Besides, I prefer to die on my feet than to live on my knees. “Yes”, I have nothing to offer because I did not put up a letter against the Police Service Commission to the National Assembly over his power tussles with Commission. Also I have nothing to offer because I did not indict the then Chief Justice of Nigeria, Hon. Justice Mohammed Lawal Uwais that he received 3.5 million pounds from Ibori in London over Gov. Ibori’s ex-convict case. I have nothing to offer because I proffered a four-count charge against the petitioners in that case thereby, deterring them from further petitions against Governor Ibori and the then CJN. Hon. Justice Mohammed Lawal Uwais. Of course, I have nothing to offer because I refused to be used in doing dirty jobs and carrying out dirty assignments but, I thank God for creating me the way I am and perhaps that has been my staying power.
HUMAN RIGHT AND RELIGION – WHICH IS FOREMOST IN YOUR DRIVE.
I pray to get myself involved in both Human Rights and Religious activism because, it is not good to divorce one from the other. To be a good human rights activist, you need to have the fear of God in you as well. It is only then that you will appreciate fully, the Biblical injunction in Matthew 7:12 – of doing to others as you would have them do unto you. But what I don’t like is people doing ungodly things in the name of religion. There are many hypocrites all calling themselves Christians or pretending to be religious. I will give you an example. I know of a certain Chief Executive Officer of his organization. Every morning, he would gather is immediate staff to pray in the office before commencing work for the day. In his residence, he converted the security post therein into a Chapel – all just to give the impression that he is a Christian and very religious yet, he visits some of these staff with gross injustice even to the point of tampering with their careers. What do you call that? Act of sadism? I will leave you to judge.
Hello Checkpoint,
RE:"CSP EZEREBO,RETRACE YOUR STEPS"
My attention has been drawn to ACP Francis Eroh's article captioned as above and published in your very influential column of Saturday Sun,19th August,2006; and felt obligated to correct some of Mr.Eroh's erroneous assumptions.
I was also a course-mate of both CSP Ezerebo and ACP Francis Eroh,but for obvious reasons, I will keep my identity. It seems ACP Eroh was paid for that write-up or he was campaigning for juicy postings. Otherwise how could he describe Mr. Sunday Gabriel Ehindero as kind-hearted and a considerate officer. Let him cite an instance of his kind-heartedness etc. Playing tennis with him then is no issue. Some of us played tennis with even the Commandant then, CP Sheidu. So, there is no big deal in playing tennis with Ag. ACP Ehindero. The truth is that Ehindero has been very mean, wicked and vindictive especially to our course-mates.
Since he became the Inspector General of Police, all he does is to query and suspend. He assumed office as the IGP with his mind set on witch-hunting and vendetta. That was how drove one of our course-mates, ACP D.T Mango to his untimely grave.
For Mr. Eroh to describe Ezerebo's legal action against IGP Ehindero as brazen display of disloyalty shows the extent to which slavish mentality in the Police Force has degenerated. It is a pity that instead of appreciating Ezerebo's courage, the likes of Eroh have chosen to be cowardly.
For avoidance of doubt, let it be known to all ye men of little minds, that many of us salute Ezerebo's courage in choosing to suffer so that others who might fall out of favour tomorrow will enjoy. Mr. Eroh should have endeavoured to find out the remote and immediate causes of Ezerebo's actions before picking up his pen to write. It is also most unfortunate for Mr. Eroh to see CSP Ezerebo's legal actions against IGP Ehindero as embarrassment to him. If it is embarrassment actually, then what is good for the goose is also good for the gander, because IGP Ehindero has embarrassed and sacrificed so many officers, CSP Ezerebo inclusive, all in his quest for confirmation as the IGP and thereafter, in his pursuit of extension of service which is clearly unconstitutional.
In the write-up, ACP Francis Eroh failed woefully to fault Ezerebo's action on its merit and this, to many discerning minds, is a big plus for CSP Ezerebo for speaking the truth and standing by the truth. This is a man, IGP Ehindero, who claimed to have been born on 20th March 1946? yet he finished Secondary school in 1958-a period of 12 years from "birth" in those days. Nevertheless, for his information, Ezerebo is fighting against gross injustice and several acts of man's inhumanity to man meted out to him by IGP Ehindero and his privies. For instance, has ACP Francis Eroh asked himself a question for once "why is Ezerebo still a CSP after many years as a sound professional in the Police Force who has contributed immensely to the Force, while he, Francis Eroh is ACP yet all of us ,(we were 107 in number then) acknowledge him as very sound, intelligent and outstanding. Before a man decides to commit suicide, he must have thought of it several days and not just a one-night affair.
With Ezerebo's action, gone are the days of Colonial (kolo) mentality, eye service and zombie syndromes in the Police Force. We need more of him (Ezerebo) not only in the Police Force but also, in the Nigerian system for things to work.
Finally, I will advise that ACP Francis Eroh should retrace his steps quickly.
-A serving ACPOL
Dear Editor
A Rejoinder
RE: “CSP EZEREBO, RETRACE YOUR STEPS”
After reading the write-up by my supposed friend and obviously a course-mate, ACP Francis Eroh on page 7 of Saturday Sun of 19th August 2006, the first thing that came to my mind was to ignore him and the so-called write-up, and not to give him the honour of a rejoinder. However, after a long and careful consideration, I decided to allow him and other Nigerians a peep into the types of injustices I have been subjected to by IGP Sunday Gabriel Ehindero (Eroh’s kind-hearted and considerate officer).
Please Mr. Eroh, for your information, I was the director of Legal Studies at the Police Academy (POLAC) Kano from 2002 to 2005. While there, I wrote a book entitled “Right of Audience in Courts and Prosecution of Cases by Police Officers”. The IGP Ehindero claimed to have liked the book and used it as a decoy to lure me out of the Academy, but unknown to me, he was tactfully setting me up for destruction. I arrived Force Headquarters on 24th February 2005 and he, the IGP was very furious at me saying he had wanted two of us to go to the Supreme Court for the case of FRN Vs George Osahon & 7 ors. which came up that day. That in my absence, he went to the supreme court only to receive a dressing down from the Chief Justice of Nigeria (CJN) Hon. Justice Mohammed L. Uwais. After I noticed that his anger had died down, I then explained to him that though, he informed me of the case in the Supreme Court, he did not give me any date. Later on, he told me that although, my posting read Force CID, I should be working directly under him and only to face C.I.D. works after his assignments. This made me to be serving two masters at the same time: firstly, serving directly under the IGP Sunday Gabriel Ehindero, and secondly, serving directly under DIG Ogbonna Onovo who was in-charge of “D” Dept. Force CID. Acpol Eroh, you are a police officer with full knowledge of the intrigues going on in the Force. You can therefore, imagine my predicament and the type of situation I found myself.
The IGP Ehindero went as far as issuing directive that I should be vetting all case-files, investigation reports, petitions etc. That directive did not go down well with DIG Onovo. In fact I was being alerted by a certain CP within the headquarters of the dangers ahead. Notwithstanding the intrigues and petty jealousies of some officers, I was able to acquit myself creditably in the discharge of my duties, going to work, at times, as early as 7am and closing as late as 9pm. In fact, most of the times, I listened to 9.O’clock network news while still in the office. Unfortunately, when it is time for promotion, CSP. Ezerebo would not be remembered.
‘Then, in early April 2005, IGP Ehindero called me and handed over a certain document to me with the directive that I should bring up a letter to the National Assembly against the Police Service Commission over his power tussle with the commission. I went to my office for necessary action, but after studying the document with the relevant provisions of the 1999 constitution as well as the Police Service Commission Act, I offered an advice to him that the powers in contention belong to the commission and so, we would be fighting a lost battle to engage them in a combat before the National Assembly. He immediately flared up and threatened to deal with me for holding opinion different from his every time. I thought he was joking but I was proved wrong by later events. I applied for “Adjustment of Service” to take care of the years I spent in the university, having been granted study leave ‘without pay from 1981 to 1985, as is being done for others, such as CP. Lawrence Alobi of the FCT Abuja et al. To my greatest surprise, the IGP Ehindero threw away my application. (This is Acpol Eroh’s kind-hearted and considerate officer). The next thing he did was to put my name up to attend a six-week course in Botswana that was being organized by Americans. In fact, he (the IGP) wrote my name with red biro underneath. Before departure, I went to him for money by way of estacode or whatever especially, since I was being taken by surprise and in any case, I had no money and he controls the Police funds. He told me that the letter of invitation for the course stated that they would take care of all our needs in Botswana, and so I went without money. When we arrived there, they were giving us equivalent of $5 (five dollars) in the local currency, called pula, about 20 (twenty) pulas per day. Newswatch magazine had, in its June 19th 2006, edition written 50 pulas. I don’t know where and how they got that. But there was very high rate of inflation in Botswana. To barb hair alone costs over 20 pulas. A type of stockings being sold at about N100.00 in Abuja sells for 22 pulas (N770.00) in Botswana. Yet we were being compelled to attend a certain night club called Makolodi night club every Wednesday at our expense. An American owns and runs the night club. I was not attending the night club party because, I don’t drink, and do not smoke but more importantly also, due to financial kwasiokor in my pocket. Others were also not attending for varying reasons but generally, for lack of money. When the course co-ordinator, one Elizabeth started querying why we were not attending the Makolodi night club , it was CSP Towuru, who has become the IGP’s PA since after the course for certain strategies against me, responded that “No pula, no makolodi”. The American woman, Elizabeth stated that they gave us pula referring to the $5 equivalent in the local currency, but
Patrick, a Kenyan, told her that the pula they gave to us was not enough- especially, given the contents of their letter that they would take care of us. When she demanded to see the letter. I gave it to her since I was there with mine. From this moment, I became a bad boy that I produced a copy of their letter. In addition, there were other neo-colonialist indoctrinations, which I did not accept such as undertaking to be serving foreign interests, and this led to my being asked to withdraw from the course. I was branded a radical as if radicalism is a special type of international crime. It is my belief that, that course is a recruitment ground for foreign agents; and I will not hesitate to advise that it (the course) should be discouraged completely if possible. When I came back, I went to brief the IG but he flared up on seeing me and refused to listen to me at all. All he did was to direct that I should be queried and cancelled my name on the promotion list with him there. (This is Acpol Eroh’s kind-hearted and considerate officer). It is most unfortunate that a Nigerian officer/citizen was maltreated by agents of another country, instead of fighting for him the IGP Ehindero chickened out and chose to victimize him further.
When the query was issued, it was nothing but a sheer blackmail. It was alleged that I was involved in inappropriate behaviours some of which amounted to sexual harassment. Nobody was mentioned as a victim or complainant, no specific act was alleged, no investigation carried out, just a blanket cover. A cheap blackmail. Up till today your IGP Ehindero has not been able to substantiate any allegation against me. At least, I maintain three cases in court against him and the police authority. If he has anything against me, he should have put it forward for the whole world to see. It is a pity that somebody who calls himself a lawyer and occupies the high office of an IGP could go all out to embarrass and
blackmail one of his very dependable officers for no justifiable reasons. Acpol Eroh, you can see that I have very good reasons to institute even one thousand (1000) suits against him because, he has murdered sleep. For your information, even in his retirement, I will bring up a myriad of litigations against him with their attendant publicity and nothing will deter me, not even the several threats of assassination or other forms of deprivation. After all, cowards die many times before their deaths but brave men taste death only but once. I am happy over one thing however at least. If anything should happen to me today, Nigerians will know where to point at and look at.
Now after the query and my representation, I continued to discharge my duties effectively, and efficiently. After about two months, he gave me a directive with veiled threat, to indict the then CJN Hon. Justice Mohammed L Uwais over the allegation that he received from Chief James Onanefe Ibori, Governor of Delta State in London the sum of 3.5 million pounds in order to pervert justice in Ibori’s ex-convict case. The petitioners were writing under the cognomen of ‘Derivation Front’ but on lifting the veil, the person we were seeing was Barrister Moses Odirri. After studying the case file I did not see any evidence whatsoever in proof of the allegation. I therefore prepared a four-count charge of conspiracy, giving false information, criminal defamation and injurious falsehood against the petitioners. I also prepared a format of consent to prosecute for the IGP’s endorsement in accordance with the provisions of the law since the petition was addressed to him. When I took it to him in company of DIG Onovo and the IPO. CSP. Isaac Akinmoyode, he, the IG, flared up on seeing the charges against the petitioners instead of indictment of the CJN. There and then, he said that I must go on suspension. He summoned the then FORSEC (Force secretary) AIG Uba Ringim and instructed him verbally to issue me with a letter of suspension and stop my salary. Knowing the illegality of his actions, the letter did not specify what I am being suspended for. And so over a year now, IGP Ehindero has seized my salary viet armis and unilaterally suspended me from duty. If I may ask a question to my good friend and course mate, ACP Francis Eroh, does the IGP Sunday Ehindero have the power under the law to suspend a Chief Superintendent of Police from duty?. I don’t know how my friend and course-mate ACP Eroh would have felt if he should be in my shoes. Certainly as of now, he wouldn’t know how it feels to be a bread winner for his family made up of his wife, six children, aged mother and other dependants yet somebody uses jungle justice to deprive him of his legitimate earnings. Acpol Eroh, this is your kind-hearted and considerate officer.
In a bid to give semblance of regularity to his illegal actions against me, he set up what he called Force Disciplinary Committee (FDC) to try me. This again, he lacks the capacity to do. Nevertheless, when I appeared before them, on 25th August 2005, there were only two DIGs: Bello Labaran and Yekini Jimoh. Two other DIGs, Ogbonna Onovo and Mike Okiro, who come from the south-east and south-south respectively, moved out of the venue as I was being called in. We talked extensively; and DIG Labaran confessed that he did not see anything against me, after which, they asked me to go. When I went to DIG Onovo earlier to plead with him to be present for my case, he told me that IGP Ehindero specifically instructed him not to be present in the FDC for my case because, I was serving directly under him; and also, that he is from the south-east as myself. Be that as it may, few days after, I made enquires about their report from the FORSEC, AIG. Uba Ringim , who told me that they did not form a quorum and could not therefore, take a decision.
On November 16, I had a premonition and decided to leave for Abuja from my place of refuge and sanctuary. On the way, I got a phone call from somebody in the headquarters who told me that I was billed to appear before the committee (FDC) on 18th November but that they had deliberately refused to notify me. So, when I appeared before them on 18th November as scheduled, they expressed surprise to see me. But before then, I had gone to DIG Onovo’s office to inform him of my case, just to fulfill all righteousness but his secretary, DSP Mbali told me that he traveled outside the country on Interpol’s Mission. In any case, when I entered, I saw four DIGs namely: Bello Labaran , Yekini Jimoh, Musa Abdulkadir and Mike Okiro. While I had seen the earlier two before, when they did not form quorum, I was seeing the latter two for the first time, yet the moment I entered, the chairman, Bello Labaran, told me to go, that they had heard my case before. When I made to protest, DIG Musa Abdulkadir said that they don’t have time to listen to me, as it was a Friday. I was helpless, and left. When they eventually signed what they called memorandum – a kind of verdict, DIG Onovo who was not there and had traveled overseas signed. DIG Ahmed Abdulkadir, who was also not present, signed. What a travesty of justice. In fact, one of the DIGs has confessed to some people that up till now; he cannot understand why IGP Ehindero wants to destroy me at all costs. (This is Acpol Francis Eroh’s kind-hearted and considerate officer).
In my efforts to find a peaceful and amicable end to the whole episode, I went to his house on several occasions but he refused to see me or hear anything from me. I sent several people to him but he refused to listen. When he was confirmed as the IGP, I sent him a designer’s card congratulating him and in fact, my wife composed the last paragraph of the message on the card, asking him to use the occasion of his confirmation to forgive her husband if he has offended him in any way. Again, when he was conferred with national honour of CFR, I sent him another similar designer’s card, which also cost me a reasonable amount of money. During Christmas again, I sent him a Christmas card. In spite of all these, he wrote a letter dated 28th December 2005 to the Police Service Commission saying that I should be retired from service. He wrote a letter to his American friends in Botswana in January 2006 stating that I have been retired since from the Force because; he (Ehindero) was looking for Interpol’s appointment. Sometime in February, he also wrote a letter to the AIG Zone 6 Calabar stating that I have been retired and that I should be arrested and detained for what he termed illegal duty since I have been retired. One wonders therefore, why a whole Inspector General of Police could condescend so low as to be telling lies against a far junior officer subordinate to him. As a result of all these, I moved out of the guest house in Asokoro where I was staying to avoid any sponsored assassination. All the documents in connection with the issues discussed herein are available and could be placed at your disposal for perusal.
It was after all these that one of his closest aids, an ACP and a course-mate told me to forget everything about him and that he is not God. I chorused immediately and said that IGP Ehindero is not God. And even if he is God, he is not my God, cannot be my God and will never be my God and that of my family. From that moment I resolved to take my medicine like a man at every point in time henceforth. I wrote two petitions in quick succession to the Police Service Commission, containing almost all what I have stated herein and others not stated. Also on 27th February 2006, I instituted two separate actions against him in the court: One for enforcement of my fundamental rights, and the other, for order of certiorari quashing all what he has done or purportedly done in his illegal exercise of powers. While the two actions were going on, I was monitoring to see if he would not vacate office after 20th March 2006 and when he did not vacate, I commenced the action on his retirement. This is the one the press have been giving prominence but for me, the three actions are equally important and I am willing to pursue them even up to the supreme court. Somebody has suggested to me that he might have gone by then. I answered that it is even better that way because, he won’t have control over police funds then to pursue the cases; or have undue influence over people here and there and also, for record purposes and for posterity.
So my good friend and course-mate, Acpol Francis Eroh, you can now see why I am fighting and will not come out of the trenches until victory comes my way. Next time, try to find out the true facts and circumstances of each case before taking side. You may be the one to be pounced on tomorrow. I am fighting seriously today so that your tomorrow will be assured. Certainly, it would have been better for you to have reached me personally instead of through the pages of a newspaper. Everybody can now see the tone of “sincerity” from your write-up. To quote John F. Kennedy (JFK) of blessed memory: “Those who rode the tiger’s tail in the past for glory, invariably ended up inside the tiger’s belly”. Also, in the immortal words of late Martin Luther King: “Injustice anywhere is a threat to justice everywhere”. These are lessons worth remembering.
CSP Cletus Otagbuorie Chidi Ezerebo.
20th December 2006
The Editor,
Saturday Sun,
No.2 Coscharis Street,
Kirikiri Industrial Layout,
Apapa.
(Attention: Steve Nwosu).
Sir,
Re: Rejoinder
IN RE: “CSP EZEREBO RETRACE YOUR STEPS”
My attention has once again been drawn to page7 of the Saturday Sun of December 16, 2006 in which you purportedly published my rejoinder to the write – up of ACP. Francis Eroh, carried in the Saturday Sun of 19th. August 2006, and hereby take serious exception to the said rejoinder as published by you.
In this connection, I will urge you to see the true rejoinder, which I personally sent to you a long time ago, and then acknowledge the fact that what you published was a great disservice not only to me but also to the society at large. What was published is so disjointed, full of distortions, with the story in some of the paragraphs having no proper beginning or ending thereby conveying little or no meaning as if one has something to hide. I fully subscribe to the saying that conscience is an open wound and only the truth can heal it. Therefore, the reading public, (not just Francis Eroh, who in fact, is in error) are entitled to know the truth, the whole truth and nothing but the truth.
In that direction therefore, kindly permit me to say that you are obligated, morally and legally, to inform the reading public appropriately on the subject matter in question; and one of the ways to do that is to publish my rejoinder to the very write-up, which I consider as being highly tendentious and inciting, and was carried by you. We should not allow that rejoinder to be suppressed or killed on the excuse that I am a downtrodden, or for whatever reason or reasons.
Also, it is of no moment to say that my rejoinder was more detailed and lengthier than the initial write-up. This is so because, a vexed question could attract a more detailed and lengthier response as is absolutely necessary; just as in the instant case. As the Watchdog of the society, and the Fourth Estate of the Realm, you are even owing me and the society, a duty, a moral duty at least, to fight oppression, injustice and constitutional abuses by people in the high places, even without my rejoinder. Accordingly, I annexed hereto, a copy of my said rejoinder dated 30th. August 2006, in case you have lost your copy. I ask you therefore, to be so gracious in giving publicity to this letter as well as the rejoinder please.
Thanks and God bless.
Yours Sincerely,
Chief Barr. Cletus O.C Ezerebo .(CSP).
CC. (1) Mike Awoyinfa,
Managing Director / Editor –in-Chief.
(2) Dimgba Igwe,
Deputy Managing Director / Deputy Editor-in-Chief.
Above is for your information and necessary actions, please.
N21m SCAM: EHINDERO IS LIABLE.
Q Have you heard of the N21 million scam at the Force Headquarters, what have you to say about that?
A. Firstly I will say that the whole scenario has vindicated me. I had earlier told the world that we were paid $5 per day when we attended a six-week course in Botswana. The actual amount ear-marked for us was not $5. Rather $5 was a very small percentage of the actual amount. The rest was otherwise taken care of. In other words, we were short-changed. The same scenerio has played itself out again. Every day is for the thief and one day for the owner.
Q The former “IGP” Ehindero is denying involvement; saying that he is innocent. Do you believe him?
A How can I believe him. What did you expect him to say? Did you expect him to admit his guilt knowing that he was always carrying Bible on the left hand but on the right hand, he was always carrying wickedness, meanness and deceit. In any case, he is only playing fast on his subordinates: CP. John Obaniyi and Co. Remember, that there is no way he could have carried the money by him-self. It is a common practice in the Police Force where the superior officers use their subordinates for such practices. And where the senior officers were really innocent, the likes of “IGP” Ehindero would still find the officers guilty on grounds: firstly, of lack of supervision, and secondly, on grounds of vicarious liability. Many officers have suffered in this way and in the hands of Ehindero which some of them still call Ehinderance” (a hinderance). Ask from people like DSP Agama (rtd), ACP D.T. Mango etc. So, why shouldn’t he be given his own medicine. He lacked supervision on the budget department and was vicariously liable.
Q But the Force PRO, Haz Iwendi has been saying that the former IGP Ehindero has no hand in the scam:
A The Force PRO has been defending the indefensible. How can he defend another person on a matter that has criminal connotations? It is only the criminal that can defend the criminal acts alleged against him, and not otherwise. That was how he was defending him sometime last year, that he did not give me negative and destructive directives against the former Chief Justice of Nigeria (CJN) Hon. Justice Mohammed Lawal Uwais in Gov. Ibori’s ex-convict case. Yet unknown to him, the “IGP” Ehinfero he was defending, had gone to the said CJN to say that he has agreed with my (Ezerebo’s) recommendation to arrest and prosecute the petitioners of the satanic petition, which he did not do, only for him to turn around to submit application for SAN ship (Senior Advocate of Nigeria). Of course, I know the full details, and I know the final destination of that application. My advice to my senior brother, Haz Iwendi, the Force PRO, is that the should avoid the ignoble reputation of Dr. Joseff Goebbels, Hitler’s Chief Propagandist during the 2nd. Word War.
Q How do you assess “IGP” Ehindero’s period?
A Ah! his period as IGP was an unmitigated disaster for the Police Force. It was no doubt, the worse period for the Police Force so far. He indirectly admitted total failure in his so called valedictory speech. Check it again. He reeled out a catalogue of woes besetting the Police Force. See the attached list. The question therefore, is, what did he achieve for the Police Force as the IGP if he could not, and did not solve those problems. The truth is that he left the Police Force worse than he met it. I think he exhibited some incompetence in not being able to successfully arrange the transfer of a mere N21 million. Well, that shows that his cup was already full.
Q. He says he did not ask for elongation of his service but it was foisted on him.
A. He was not speaking the truth to have said that. O.K. assuming it was foisted on him, then he accepted it and benefited from illegality yet he calls himself a lawyer. Ask him if he submitted his notice of retirement six months prior to his retirement date of 20th March 2006, as is the practice in the Police Force. He subverted every known norm in the Police Force. He served in the Police Force without retirement date. He did not submit retirement notice six months to his retirement date. He positively applied for tenure extension which is unconstitutional. He appropriated the IGP’s official quarters. He corrupted the system the more; and under him, more policemen were murdered. Ask him what killed a certain female inspector in his office. The story in every floor of Louis Edet House, Abuja is that she died of complications from abortion.
Q On Okiro, how do you see his appointment?
A. Sir Okiro is a round peg in a round hole. All correct; no complaints in that regard.
COC. Ezerebo Esq.
