Legal Showdown: Ihediwa SAN Challenges Maikyau's Petition, Questions Integrity

In a significant legal revelation, ALL FACTS NEWSPAPER gathered that the former Abia State Attorney General Uche C. Ihediwa SAN had lodged a preliminary objection against the petition filed by NBA President Y. C. Maikyau SAN. The objection, raised critical questions about the legitimacy of Maikyau's petition, which centers on allegations of failure of ihediwa to prosecute corrupt members of abia state judicial service commission, a state executive body.

Ihediwa's objection is based on several grounds, including the ongoing High Court case (Suit No. HUK/73m/23) involving the same facts that underpin Maikyau's petition. According to Ihediwa, the case, filed on December 23, 2023, addresses the alleged breach of his fundamental rights under Section 39(1) of the 1999 Constitution. He contends that the court should restrain Maikyau from proceeding with his complaint to any regulatory authority until this matter is resolved.

One of the core issues raised by Ihediwa is whether Maikyau, a member of the Legal Practitioners' Privileges Committee (LPPC), can personally participate in the decision to refer the complaint to the Disciplinary Sub-Committee. Ihediwa argues that Maikyau 's participation, violated the principles of natural justice, including "nemo judex in causa sua" (no one should be a judge in their own cause) and the right to fair hearing.

Ihediwa further accuses Maikyau of a personal vendetta, pointing out that as the NBA President, Maikyau has not referred other Nigerian speakers who made more derogatory remarks about the judiciary at the same forum to any disciplinary body. He questions the selective nature of Maikyau's actions, comparing the situation to George Orwell's "Animal Farm."

Additionally, Ihediwa challenges the competence of Maikyau's complaint, arguing that it was lodged in his official capacity as NBA President without the necessary deliberation at either the branch or national level. He asserts that the facts and circumstances of the complaint are private to Maikyau and that using his official position to lodge the complaint is inappropriate.

In his detailed rejoinder, Ihediwa systematically addresses each point raised by Maikyau, defending his statements made at the 2023 International Bar Association (IBA) Conference in Paris. He refutes Maikyau's allegations of corruption within the judicial appointment process, providing context and supporting evidence for his claims.

Ihediwa's defense includes testimonies and statements from other participants at the IBA conference, highlighting the broader issue of judicial independence and the deliberate undermining of the judiciary by the Nigerian political class. He emphasizes that his call for amending Section 197 of the Constitution was based on his experiences and observations, not on unfounded allegations.

The case has garnered significant attention within the legal community, with many awaiting the sub committee's decision on the preliminary objection. If upheld, it could have far-reaching implications for the role of the NBA President and the procedures for addressing allegations of corruption within the judiciary.

This legal battle not only highlights the internal conflicts within Nigeria's legal profession but also underscores the ongoing challenges in ensuring transparency and integrity in the judicial appointment process. As the sub Committee prepares to hear the case, the outcome will undoubtedly impact the future conduct of legal professionals and the administration of justice in Nigeria.

Recall that ALL FACTS NEWSPAPER reported the suspension of the usage of the appendage SAN from Uche C. Ihediwa, pending the determination at the petition by Legal Practitioners' Privileges Committee (LPPC).