The High Court of the Federal Capital Territory, in its judgment delivered on Thursday, 6th April, 2023 _coram_ Hon. Justice J.O.E Adeyemi Ajayi in Onyechi Egwuonwu v Joe-Kyari Gadzama, SAN & 6 Ors (FCT/CV/2237/2022) dismissed all the reliefs sought by the Claimant (Onyechi Egwuonwu, Esq) against the Eminent Silk, Joe-Kyari, SAN in its entirety.
On Thursday, 7th July, 2022, Onyechi Egwuonwu, Esq filed an originating summons seeking 16 reliefs from the Honorable Court against the Defendants. Amongst these 16 reliefs, Onyechi Egwuonwu, Esq sought a declaration that it was unconstitutional and unlawful for Joe-Kyari Gadzama, SAN to run for the office of the NBA President on 16th July 2022 having been allegedly found guilty of professional misconduct and also an order directing the Nigerian Bar Association to arraign Joe-Kyari Gadzama, SAN before the Legal Practitioners Disciplinary Committee for alleged professional misconduct.
After what can be described as a lengthy and onerous hearing, the Court found in favor of Joe-Kyari Gadzama, SAN and dismissed the reliefs sought by the Claimant in its entirety for lacking merit given that due process was not followed.
In the said judgment, Hon. Justice J.O.E Adeyemi Ajayi stated that before a person can be found guilty, he must first and foremost be arraigned, plead guilty or otherwise, trial conducted and a pronunciation of guilt given. The Court further stated that it has searched high and low and it is impossible to find a piece of evidence or document that shows that the Learned Silk has been found guilty of professional misconduct.
As Hon. Justice Aka’ahs once said “No fine speech in an address can make up for lack of evidence of proof”.