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 Where is justice WOWO ?
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toubab1020



10562 Posts

Posted - 29 Jul 2013 :  16:37:42  Show Profile Send toubab1020 a Private Message
This from Foroyaa.


Since the removal of Justice Wowo, Foroyaa has tried to reach him at his official residence at the AU VILLA without any success. We have not received any information that he has passed through the airport to head home or moved to the US nor have we confirmation that he is under arrest. Let us put narrow nationalist sentiments aside and focus on principles. How secure is the office of chief justice and judge? Section 141 subsection (4) reads: “The Chief Justice, a justice of the Supreme Court, the Court of Appeal and the High court and members of the Special Criminal Court may only be removed from office for inability to perform the functions of his or her judicial office, whether arising from infirmity of body or mind, or for misconduct.”
Now may we ask: How is the president to determine that a judge is inflicted with infirmity of mind and body or is guilty of misconduct without going before a tribunal? The legal minds should take place in this debate; otherwise the separation of powers would be mere words on paper. We will contact the Nigerian High Commission to find out whether they know the whereabouts of Justice Wowo.



http://www.foroyaa.gm/burning-issues/13806-where-is-justice-wowo

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.

toubab1020



10562 Posts

Posted - 31 Jul 2013 :  12:11:58  Show Profile Send toubab1020 a Private Message
Foroyaa still on the case.

http://www.foroyaa.gm/burning-issues/13846-whereabouts-of-justice-joseph-wowo-still-unknown

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Dalton1



3485 Posts

Posted - 31 Jul 2013 :  14:44:50  Show Profile  Visit Dalton1's Homepage Send Dalton1 a Private Message
Toubab:


Oh, well...I guess like Malcolm X noted when JFK was assasinated, "The chickens are coming home to roost." This wasn't uttered in the sense of racial discrimination against any race. The intelligent Malcolm meant to alert society that the injustices around won't spare no one. For all fairness, I am one of the biggest fans of the kennedy's including my most inspirational people of times, the late Edward Kennedy. Borrowing from Bro Malcolm is just to help put Wowo's situation in proper perspective.


Wowo was there and he participated in almost all the injustices and wrongs one can imagine, including a recent video that was very revealing on corruption. Wowo is no small person, at least going by the position he was entrusted with. He should have known better to uphold the rule of law by presiding over true justice. While as always, my heart truly trembles over what our legal mind, LJD calls Gambia's "public lawlessness," I am the least sympathetic to Wowo as an individual. As a believer of rule of law, I wish he will be accorded justice. That said, it is also time for him to taste a bit of the hell him and his ilks built.


Best always,

Yero

"There is no god but Allah (SWT); and Muhammad (SAW)is His last messenger." shahadah. Fear & Worship Allah (SWT) Alone! (:
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toubab1020



10562 Posts

Posted - 31 Jul 2013 :  15:54:52  Show Profile Send toubab1020 a Private Message
Thanks for your views,being in a far better position than I am as a mere observer of things Gambian.

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.

Edited by - toubab1020 on 31 Jul 2013 15:55:08
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toubab1020



10562 Posts

Posted - 05 Aug 2013 :  14:00:16  Show Profile Send toubab1020 a Private Message
Update,

"Justice Joseph Wowo, who did not entertain any question from the journalists, "

Why would that be I wonder ?


"The minister of Foreign Affairs, Olugbenga Ashiru, promised to look into the matter to make sure Mr. Wowo was not wrongly accused, reports said.
“We believe in due process and rule of law,” Foreign Affairs Minister Ashiru told Nigerian journalists."



http://thepoint.gm/africa/gambia/article/ex-chief-justice-wowo-denies-soliciting-bribe-in-youtube

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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toubab1020



10562 Posts

Posted - 07 Aug 2013 :  11:50:24  Show Profile Send toubab1020 a Private Message
Foroyaa seems to be thinking along the same lines as myself about this topic


"It is unfortunate that questions could not be asked that could have helped this reporter to get the whole story to avoid such retractions."




Abdoulie Dibba
Following the publication of my article entitled “Former Chief Justice Wowo Set Free”, this reporter was informed by the editors that Justice Wowo called to inform the paper that to avoid the public from being misled about his whereabouts after he was removed from office it is necessary for him to clarify that he was never arrested and could not have been set free as conveyed by the story. This reporter was assigned the responsibility to cover Ex. Chief Justice Wowo’s press conference to put an eye on him after his disappearance from the public view and ascertain whether he was in good health and still a member of the judiciary.

The Press conference was however restricted to the aim of rebutting remarks made against him in some other media establishments. It is unfortunate that questions could not be asked that could have helped this reporter to get the whole story to avoid such retractions.
EDITOR’S NOTE
This paper is concerned with justice and pursued this case in good faith in the interest of justice. We hope that when Foroyaa undertakes to find out the whereabouts of any person, relatives and loved ones would not leave our reporters to go into a fishing expedition, but would clarify issues with speed so that we could put matters to rest. Now that Ex. Chief Justice Wowo has held a press conference and has even called to clarify issues, we could now put the issue about his whereabouts after his removal to rest.




http://www.foroyaa.gm/burning-issues/13899-i-have-never-been-arrested-not-to-mention-being-set-free-clarifies-ex-chief-justice-wowo

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.

Edited by - toubab1020 on 07 Aug 2013 11:56:34
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toubab1020



10562 Posts

Posted - 07 Aug 2013 :  21:07:32  Show Profile Send toubab1020 a Private Message
The Daily News has a slightly different take:

http://dailynews.gm/africa/gambia/article/wowo-is-innocent-until-proven-guilty

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kobo



United Kingdom
7765 Posts

Posted - 08 Aug 2013 :  00:31:41  Show Profile Send kobo a Private Message
Where did Freedom News get this story following Ex Chief Justice Wowo's press conference reported by Foroyaa News that Wowo not arrested;

Disgraced Nigerian Former Chief Justice Joseph Wowo Remanded In Prison On The Basis That He Will Likely Jump Bail!
Posted on Wednesday, August 07, 2013 (Archive on Friday, August 30, 2013)


"Wowo was brought before the Banjul Magistrates Court approximately at 10 a.m charged with 7 counts of giving false information. He was arraigned before Magistrate Lamin Mbye.

When the case was first called Wowo didn't have a lawyer representing him. The Magistrate then gave him an hour to consult a lawyer. It seems his Nigerian lawyer friends abandoned him and no one turned up to represent him.

When the case was recalled the charges were read to him and he pleaded Not Guilty to all 7 counts. The prosecution then applied for an adjournment to call their witnesses, Wowo then applied to be granted bail, saying that he was the former Chief Justice of this country and that the charges before the court were misdemeanors and applied for self recognizance.

The prosecution opposed the bail on the grounds that Wowo being the former CJ he would interfere with witnesses and that the witnesses the prosecutor intended to call were judicial staff who served under Wowo when he was Chief Justice. They also argued that he would jump bail if he was put on bail.

The Magistrate then rose for 30 minutes to write his ruling. He subsequently delivered his Ruling and he Wowo was denied bail on the grounds that he would interfere with witnesses because of the fact that he was the former CJ and the witnesses the prosecution intended to call were employees of the Judiciary.

The Magistrate also took note of the fact that Wowo is not a Gambian and has no permanent residence in The Gambia and it is likely he would jump bail if it was granted. So he remanded him in Mile II and adjourned the case to 21st August 2013."

SOURCE:Freedom News

Edited by - kobo on 08 Aug 2013 01:34:13
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Momodou



Denmark
9783 Posts

Posted - 12 Aug 2013 :  12:31:43  Show Profile Send Momodou a Private Message
Ex-Chief Justice Wowo charged, remanded

The Point: Published on Monday, August 12, 2013

Former Chief Justice of The Gambia last Wednesday had one of the rudest shocks of his life as prosecutors filed a seven-count charge of giving false information to a public officer against him.
Joseph Wowo, who was charged with similar offences earlier this year, was arraigned before Magistrate Lamin Mbai, who subsequently remanded him in state custody pending his next appearance in court, on 21st August.

Appearing before the court unrepresented, Wowo denied the charges and applied for the court to grant him bail as the offence charged is bailable and a misdemeanour.

‘‘The court should consider my status as former Chief Justice, and grant me self recognized bail conditions,” he pleaded with the court.

The police prosecuting officer, Sgt Manga, opposed bail for the former CJ, stating that investigations into the case are ongoing, and granting him bail will likely jeopardize their case.

“Your Worship investigations in this case are incomplete,” Sgt Manga told the court.

He told the court that if the former Chief Justice was granted bail, he would likely interfere with state witnesses or even jump bail, adding that the case is just for mention.

Magistrate Lamin Mbai, after evaluating arguments of both the former Chief Justice and the prosecutor, denied Wowo bail and remanded him in custody until 21st August.

In count one, Wowo was accused of writing a letter dated 3rd December 2012 to the National Intelligence Agency (NIA) informing them that the registrar of the High Court Mrs. Mariama Ceesay informed him (Wowo) that Mrs. Amie Bensouda requested for records, which Mariama Ceesay refused and referred her to the Sheriff of the High Court Mr. Buba Jawo, information he knew to be false.

On count two, prosecutors accused Wowo of writing a letter to National Intelligence Agency on December 3, 2012 informing them that the staff of the high court registry informed him (Wowo) that Amie Bensouda said that they compile all cases and not land cases, information prosecutors said Wowo knew to be false or believed to be false.

Count three’s indictment stated that Joseph Wowo on or about the 3rd of December 2012, wrote a letter dated 3rd December 2012 to the National Intelligence Agency informing them that Miss Anna Njie from Amie Bensouda’s Chamber lied to you (Wowo) when she told you that the information they wanted was only relating to land cases, information you knew to be or believed to be false.

In count four, Wowo was further accused that within the same time and place of writing to the NIA, informed them that the conduct of Amie Bensouda tended to undermine the administration of the Judiciary, information he knew to be false.

On count five, prosecutors accused Wowo of writing to the NIA within same time and place, informing them that Mrs. Amie Bensouda conducted her activities in a clandestine manner, information he knew or believed to be false.

On count six, Wowo was accused of writing another letter informing the NIA that after his letter of complaint to the NIA about the activities of Amie Bensouda, her Chamber later sent a letter requesting for a collection of data on the resolution of land disputes, information he knew or believed to be false.

Wowo was accused on count seven of informing the National Intelligence Agency that the letters from Amie Bensouda and Co was received by him (Wowo) on the 6th December 2012, information he knew or believed to be false.

Source: The Point

A clear conscience fears no accusation - proverb from Sierra Leone
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toubab1020



10562 Posts

Posted - 12 Aug 2013 :  14:27:59  Show Profile Send toubab1020 a Private Message
Next episode of the saga on August 21st,see what happens on that date !

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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toubab1020



10562 Posts

Posted - 15 Aug 2013 :  16:26:56  Show Profile Send toubab1020 a Private Message
My Mistake here is the next episode:

"SCC to hear Ex-Chief Justice Wowo’s bail application today"



http://thepoint.gm/africa/gambia/article/scc-to-hear-ex-chief-justice-wowos-bail-application-today

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.

Edited by - toubab1020 on 15 Aug 2013 16:27:21
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Momodou



Denmark
9783 Posts

Posted - 20 Aug 2013 :  12:33:21  Show Profile Send Momodou a Private Message
Ex-Chief Justice Wowo, Lamin Jobarteh face more charges
By Malamin L.M. Conteh
The Point: Tuesday, August 20, 2013


The troubles facing a former Chief Justice of The Gambia, and the former attorney general and minister of Justice, show no sign of letting up.

Joseph Wowo and Lamin Jobarteh respectively were yesterday arraigned before Justice Emmanuel Nkea of the Special Criminal Court in Banjul, where prosecutors slammed more charges against them.

The duo were arraigned on a thirteen-count charge, which included abuse of office, conspiracy to defeat justiceand interference with witnesses, offences relating to judicial proceedings, and giving false information to a public officer. They denied the charges.

After plea taking, the state counsel informed the court that they intended to withdraw the case before the lower court, where the two accused persons were earlier arraigned

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A clear conscience fears no accusation - proverb from Sierra Leone
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toubab1020



10562 Posts

Posted - 26 Sep 2013 :  20:09:45  Show Profile Send toubab1020 a Private Message
Adjourned until 30th September:

http://thepoint.gm/africa/gambia/article/state-replies-to-wowos-motions

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kobo



United Kingdom
7765 Posts

Posted - 01 Oct 2013 :  22:30:07  Show Profile Send kobo a Private Message
INTERESTING DEVELOPMENTS AND A LANDMARK RULING! MORE FROM THESE NEWS REPORTS AND SELECTED PARAGRAPHS NOTED BELOW

1. In Wowo & Co’s trial- Justice Nkea delivers ruling on bias allegations

Daily Observer News: Tuesday, October 01, 2013

Author: Fatou Sowe

"Justice Emmanuel Nkea of the Special Criminal Court in Banjul on Monday delivered ruling on the issue of bias allegations made against him by Joseph Wowo, the former chief Justice of The Gambia and also the first accused person in the criminal trial involving the state against him and Lamin AMS Jorbateh, the former attorney general and minister of Justice.

It could be recalled that series of motions were filed in the case by the defence counsel for the first accused, Lawyer U Achigbue, who first filed a motion backed with an affidavit indicating his client’s discomfort with the Judge presiding over his matter , citing the likelihood of bias on the part of the judge.

Before a ruling was delivered on the issue, Lawyer Uzoma Achigbue filed another motion for the court to send the case file to the Office of the Chief Justice for reassignment; this was followed by the state filling an affidavit in opposition and another affidavit in reply was filed by the defense.

When the case came up yesterday, Lawyer U Achigbue, applied to move the motions he filed on the 23rd September 2013 and further relied on all the paragraphs in the said affidavit as deposed to by his client Joseph Wowo.

The state counsel Vitalis Legengu, informed the court that they (the state) had filed an affidavit in opposition and said he was moving in terms of the motion they filed and also depend on all the paragraphs of the affidavit.

In the court’s ruling on issues raised by the Lawyers, the presiding Judge recalled that on Thursday the 23rd September, 2013, Lawyer U. Achigbue, the counsel for the 1st accused filed a notice of Motion praying this court for an order to arrest the ruling on the matter and for the case file to be sent to the Office of the Chief Justice for re-assignment. He added that the application is supported by a 14 paragraph affidavit and a 5 paragraph affidavit in reply. The complainant/respondent state filed a 13 paragraph affidavit in reply.

According to Justice Nkea, in support of the application counsel for the applicant referred the court to the case of The State v.s Abdoulie Conteh (2002-2008) GLR on what constitutes likelihood of bias. He also referred the court to the unreported case of Bayo vs Discount Traveling Ltd on the need for a deponent or his informant to be fully abreast of the facts deposed to in an affidavit.

Turning now to the allegation of likelihood of bias, the Judge noted that he have read through the length and breadth of all the existing volumes of The Gambia Law Reports and he found two cases to be adequately instructive on this issue the case of The 'O'/ Corporation Limited versus Kabo Air Ltd. & Anr (2002-2008) 1 GLR 348, and the case of Hallifa Sallah & Ors versus The State (2002- 2008) GLR 307.

He explained that but in his supporting judgment in Hallifa Sallah (supra), Agim JCA (as he then was), was more forthright on the issue when he stated that it will be dangerous and irrational for the Judiciary, if fanciful and baseless allegations of bias or partiality against judges will be used to prevent judges from sitting on cases, as it will amount to allowing parties to choose their convenient judges or courts.

He stated further that such an unregulated situation will enable a party by objections, to choose his own judge, a situation which wedge drives a wedge into the fabric of our whole judicial system, and that because he agree entirely with His Lordship Agim JCA (as he then was), on this score, he see the objection as a dilatory attempt to stall these proceedings and divert attention from the issues on trial. It is for these reasons that he overruled the objection as lacking in merit and further ordered for hearings in this matter to continue forthwith."

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2. SCC Judge rejects ex-Chief Justice Wowo’s motions

The Point: Tuesday, October 01, 2013
Author: Malamin L.M. Conteh

"“I have read through the length and breadth of all existing volume of The Gambia Law Reports, and I found two cases to be adequately instructive on this issue, and from through judicial examination of these cases, it seems to me that the allegation of judicial bias can be grouped into two categories, those relative to the pre-trail phase and those relative to the trial phase,” he said"......

"“I see the objection as a dilatory attempt to stall these proceedings and divert attention from the issues on trial. It is for these reasons that I overrule the objection as lacking in merit. I shall order for the hearing in this matter to continue forthwith,” he declared."

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3. Justice Nkea dismisses motion to recuse himself

Foroyaa Burning Issues News: Published on Tuesday, 01 October 2013 Written by: Lamin Sanyang

"Justice Emmanuel Nkea of the Special Criminal Division of the Banjul High Court yesterday, 30 September, dismissed the motion filed by Justice Joseph Wowo, former Chief Justice of The Gambia for the trial judge (Justice Emmanuel Nkea) to recuse himself from hearing the case as he was no longer comfortable with him presiding over the hearing of the matter.

The trial judge has overruled the objection made by the defence on the grounds for its lack of merit after highlighting the affidavits filed by the first defendant (Joseph Wowo). When the case was mentioned, the lead prosecutor Legenju Vitalisn appeared for the state while lawyers Uzoma announced his appearance for the first defendant (Joseph Wowo) as lawyer Borry S. Touray appeared for the second defendant (Jobarteh).

The trial judge in ruling the matter, said the objection of (Wowo) lacks merit and made reference to the supporting judgment in Halifa Sallah (supra), Agim JCA, who he said was more forthright on the issue when he stated that it would be dangerous and irrational for the judiciary, if fanciful and baseless allegations of bias or partiality against judges would be used to prevent judges from sitting on cases, as it would amount to allowing parties to choose their convenient judges or courts. He further argued that, such an unregulated situation will enable a party by objections, to choose his own judge, a situation which will drive a wedge into the fabric of the whole judicial system.

“And because I agree entirely with My Lord on this score, I see the objection as a dilatory attempt to stall these proceedings and divert attention from the issues on trial. It is for these reasons that I overrule the objection as lacking in merit. I shall now order for hearings in this matter to continue forthwith,” said Justice Emmanuel Nkea of the Special Criminal Division."

Read Full Story

Edited by - kobo on 01 Oct 2013 22:40:24
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kobo



United Kingdom
7765 Posts

Posted - 01 Oct 2013 :  23:04:51  Show Profile Send kobo a Private Message
Court recalls Judicial Secretary in Wowo/Jobarteh trial

Foroyaa Burning Issues News: Published on Tuesday, 01 October 2013 Written by: Lamin Sanyang

"Justice Emmanuel Nkea of the Special Criminal Division of the Banjul High Court yesterday, 30 September, ruled in favour of the state to recall Mr. John Belford, the Judicial Secretary for him to give further or additional evidence in the trial of Justice Joseph Wowo, former Chief Justice of The Gambia and Mr Lamin AMS Jobarteh, former Attorney General and Minister of Justice.

Mr. Belford told the court that he served under two Acting Chief Justices, Raymond Sock and Agyemang. He said normally it is the executive in consultation with the Judicial Service Commission who appoints the Chief Justice. He said usually they would receive a letter from the executive after which they would convene emergency meeting to endorse it.

The witness told the court that he was the one who conveyed the letter to Raymond Sock, former Acting Chief Justice.

He said he was the custodian of these letters in his capacity as the judicial secretary. He said he would recognize the letter conveyed to Raymond Sock because he was the one who delivered it. However, the said letter was shown to him and was confirmed by him but said the original copies were with him at the office. The trial judge warned him before ordering him to bring the original copies.

At this juncture, the court stood down for almost ten minutes for the witness to bring the original copies from his office. When the case was resumed, the state made an application to tender the original appointment letter of Raymond Sock as evidence in court. There was no objection from the defence (Justice Wowo and Jobarteh). Subsequently, the letter was admitted and marked as exhibit in court.

Mr. Belford said the same thing regarding the appointment of the current Acting Chief Justice. He said he has an original copy of the said appointment letter. The state made an application to tender the document as evidence in court which was not objected to by the defence team.

The document was admitted and marked as an exhibit.

“Whenever a Chief Justice leaves office the executive appoints someone. When Justice Emmanuel Agim left office Justice Sock was appointed as the Acting Chief Justice. When Agim was leaving he prepared an inventory which was handed over to Justice Wowo (1st defendant) who was then President of the Court of Appeal,” Said Mr. John Belford, Judicial Secretary.

The witness said he would recognize the said inventory document with his own signature on it. He said the former Chief Justice Emmanuel Agim asked him to sign the document as a witness.

The state made an application to tender the document as evidence in court which was not objected to by the defence. Subsequently, the document was admitted and marked as an exhibit.

In the meantime, the witness told the court before the departure of Chief Justice Agim at the Airport, he (Agim) handed over the official SIM Card of his office to Justice Joseph Wowo.

“I called the mobile to see whether anybody was using it. When I called the number, my lord Justice Wowo answered the phone. I told him nobody should use the phone except a Chief Justice. There are series of talking between us on the use of this phone,” The witness told court.

During his cross examination, Joseph Wowo (1st defendant) asked witness whether the judiciary was not handed over to him to oversee it before the appointment of Raymond Sock and Justice Mabel Maame Agyemang. The witness answered in the negative saying that the appointment was temporary after the return of Agim, him (Wowo) overseeing the judiciary was seized.

At this juncture, an exhibit was shown to him written by the former Chief Justice Emmanuel Agim appointing Justice Wowo (1st defendant) as Acting Chief Justice. The witness admitted at the time of the handing over. Justice Agim was the outgoing Chief Justice. He also admitted that he (Agim) was the chairman of the Judicial Service Commission. He further admitted that there was a vacuum after Justice Agim left the country until Raymond Sock was appointed.

Mr. Belford further admitted that the handing over letter written by Chief Justice Agim to the first defendant (Wowo) was signed by Agim and him (Belford). He said he signed it as a witness in his capacity as the Secretary to the Judicial Service Commission.

The case was adjourned till today, Tuesday 1 October, for continuation of cross examination."

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toubab1020



10562 Posts

Posted - 04 Oct 2013 :  00:35:34  Show Profile Send toubab1020 a Private Message
Shall we say, a small personality difference,has developed between a Judge and a lawyer resulting in a ban from the SCC:

"The presiding judge, after hearing Wowo’s statement, said: ‘I cannot hear Mr Uzoma in this court not only on this matter but in any other matter before this court, so long as I am the presiding judge of the Special Criminal Court. This court is not a toilet.” He stressed that Lawyer Uzoma exercised his right to leave the court but he will also exercise his discretion."

Never a wise thing to make a Judge unhappy by your conduct !!!

http://observer.gm/africa/gambia/article/lawyer-uzoma-achigbue-not-to-be-heard-anymore-in-scc-justice-nkea

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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