I have an ongoing civil suit (tenancy matter) at one of the Imo state magistrate courts, particularly Owerri magisterial division. The matter started on February 3, 2021, when my plea was taken. This means that it is not even up to a year, including the two months strike action embarked by Judiciary Staff Union of Nigeria (JUSUN) in April, minus the two months JUSUN’s strike action, the matter is barely eight months old since its first hearing.
On the last sitting of the court (November 30, 2021) I prayed in the morning and set forth for the day’s sitting as usual. But that particular day marked about the darkest day in my life. The matter for the day was for the evidence-in-chief of the first defendant, which in this case is my wife. The court began as usual as about 9:00 am because this particular court usually sits on time. There were over 15 cases for hearing on the cause list. The lawyers took turns to mention their interest according to seniority and/or any other considerations.
When my matter was eventually called up at about 1:30 pm, my wife (the DW1) began taking questions as posed by my counsel. Unfortunately, when my counsel wanted to tender one of the receipts of rent payment, it happened that it was forgotten at home. My counsel pleaded with the presiding magistrate for a short adjournment even if the next day for the receipt to be produced and tendered as exhibit. The presiding magistrate blatantly refused the application. All entreaties to her for a very short adjournment failed. The matter was stood down and I was ordered to rush home and bring the receipt. I did that. It was getting to 3.00pm when the matter resumed. When my wife concluded her evidence, I had expected my lawyer to apply to the court for adjournment for her cross-examination by the plaintiff’s counsel. But he failed to do that. The plaintiff’s counsel subjected my then three-month old pregnant wife who was already weak and almost fainting to cross-examination in the heat of the sun.
The cross-examination proceedings was even initiated by the magistrate who complained that the matter was the oldest in her court and that she wanted to dispose it off this year. After the cross-examination of my wife, an adjournment date was about to be agreed upon by both counsel when I raised my hand up for permission to speak. The magistrate granted me the permission to speak. I told her that she should recuse herself from the matter as I no longer had confidence in her court to give a fair judgment in the matter. I told her that I wanted the matter to be transferred or reassigned to another court because she had shown manifest bias against the defendants in this matter.
That was when my imprisonment journey began. The magistrate was livid with rage for my audacity to make such an observation. When I realised that I ought to make such a complaint through my lawyer, I went on my knees begging her. I laid flat on the floor pleading profusely for her to temper justice with mercy. The more I cried and begged the more her anger and impetus to jail me increased. She, there and then, ordered for my remand in Owerri Correctional Center (prison) for three months. She is a woman and the wailing and crying of my wife at the court promises didn’t touch her. I was dragged away by policemen like a common criminal straight to prison.
This same magistrate had sometime in August, ordered me to write a written apology after I made a complaint. My lawyer was not present at that particular siting. She had in her ruling to my motion described me as a meddlesome interloper. All these made me to lose confidence in her ability to give a fair judgment in this matter (0W/70/2021).
I was incarcerated in Owerri prison between November 30 and December 9 2021 just for telling her to recuse herself from my matter. She had vowed to continue to preside over the matter and even threatened that I would never get a stay of execution order from her when judgment is given even if I want to appeal the judgment.
In my entire life prior to November 30, I had never been to a police station not to talk of prison. I had never slept in any police cell in Nigeria because I am a responsible, law abiding citizen of Nigeria. The trauma I passed through in prison was indescribable. I couldn’t sleep due to the congestion of the cell where I was remanded. Scorpions, bed bugs and mosquitoes feasted on me mercilessly. I fell sick in prison due to the sub-human food I was fed with.
My wife is a very emotional being, small things make her cry let alone when her husband was incarcerated in prison for no just cause. She had a miscarriage and lost her three-month-old pregnancy. Her consistent crying for the 10 days I was imprisoned worsened her eye sight. Right now, she has developed glaucoma, according to eye doctor’s diagnosis. My children couldn’t go to school as my wife was running from pillar to post to ensure my release from jail. They were equally crying day and night with their mother. I was lumped together in the same cell with armed robbers, drug dealers, kidnappers, suspects, etc. Their incessant smoking of hard drugs even in jail worsened my health. I have never taken a stick of cigar all my life. I narrowly escaped being sodomized. Attempts were made on me.
Granted that the magistrate later rescinded her order after 10 days and released me from prison, she has vowed not to set aside my ex-convict status unless I show remorse, according to her. This magistrate has dealt with me psychologically, emotionally and physically. I do not know the kind of remorse or contrition she demands from me again. In my street now, people look at me derisively as an ex-convict. The ignorant among them even refer to me as a criminal who was imprisoned.
My opponent in the substantive matter has been celebrating and rejoicing. He has already concluded that he has won the matter. He has been boasting that he will frame me up and implicate me in more devious charges like armed robbery, kidnapping, etc., where I would spend longer years in prison. I might have breached the rules and regulations guiding the court but was that enough to imprison me? I no longer repose any confidence in the magistrate to discharge this matter in fairness and justice..I insist that she should recuse herself from the matter. She had dealt with me by deploying her power suo motu. She killed an ant using a sledge hammer. I am a man who fears God Almighty and I leave vengeance to God who will judge all mortals.
Osekwu writes from Owerri via 08056278945
