PETITION FOR DISCIPLINARY ACTIONS AGAINST BARRISTER KEN ATSUETE

July 16, 2015
The Branch Chairman
Nigerian Bar Association
Port Harcourt Branch
State Judiciary Complex
Port Harcourt,
Sir,
PETITION FOR DISCIPLINARY ACTIONS AGAINST BARRISTER KEN ATSUETE

I am the Publicity/Research Secretary of Civil Liberties Organization in Rivers state and the Executive Director, Society for the Promotion of Better Nigeria, a Non Governmental Organization also based in Port Harcourt.

May I start by commending the NBA in the state, i.e. Port Harcourt branch and others for the crucial role you played particularly in restoring the Judiciary to its pride of place as well as members of the Bar who conducted themselves with dignity and resilience during the period of the Judiciary impasse that rocked Rivers state for almost three years.

I am compelled to write to your most esteemed and noble Association at this auspicious moment, particularly as a Political and Civil Rights Crusader whose obligation it is to pursue justice that will protect not only the masses but our common good, which is our overall objective.

Precisely, on July 9, 2015, the Federal High Court seating in the Port Harcourt jurisdiction presided over by My Lord Justice Lambo Akambi, annulled the purported May 23, 2015 Local Government in Rivers State as conducted by the Rivers state Independent Electoral Commission which according to the Court was conducted in flagrant disregard to a subsisting order of same Court. Thus leading to the appointment of Caretaker Chairmen for the 22 L.G.A in the state by the Governor Nyesom Wike CON.

Following this development, one of your members, Barrister Ken Atsuete (08051685174) was on a live radio interview on Silverbird’s Rhythm 93.7 fm 7.am newscast by a broadcaster, Segun Owolabi and Ken affirmatively hailed the decision of the Court. He said that:

“The decision of the federal High Court annulling the Local Government election was within the Law. “The Court decision overrides and supersedes any other order of any Court including the experte order of the national Industrial Court in Yenagoa.”

According to Ken Atsuete,
“annulment of the elections by the Federal High Court is more serious far and above an experte order of the National Industrial Court which although is of coordinate jurisdiction; but that the experte order of the National Industrial Court could not be binding on the federal High Court because it only sought to restrain the Rivers state Governor from dissolving them whereas the decision of the Federal High Court had annulled the said election and so the Governor was right in executing the judgment by appointing Caretakers, therefore the 22 chairmen cease to be and must not forthwith parade themselves as chairmen but respect that decision.”

When Ken was asked by the presenter his take on the statement by the All Progressive Congress (APC) Spokesman in the state, directing their members not to obey the judgment of the Federal High Court, Ken responded “that statement will not help the public. They should have seen this judgment coming and prepared to go on Appeal. They must comply and obey the decision of the Court and not resort to self-help”.

Suddenly, on Monday July 13, 2015 after the National Industrial Court rose from its seating where the ALGON matter was also heard, the 92.3 Nigeria Info read on their news that the National Industrial Court seating in Yenagoa had just given an order reinstating the 22 sacked Local Government in Rivers state. This caused a lot of panic and tension in the state as Ken Atsuete came immediately on their news and subsequent live shows to reaffirm and confirm the report. Ken unequivocally said that the Court reaffirmed its earlier order restraining the dissolution of the L.G.A chairmen.

In his words “THEY ARE STILL THE CHAIRMEN OF THE COUNCILS GOING BY THE ORDER OF THE COURT AND THE COURT REAFFIRMED ITS ORDER TODAY AND THAT ORDER IS STILL SUBSISTING AND WILL REMAIN SO TILL OCTOBER 6, 2015 WHEN THE MATTER WILL BE COMING UP AGAIN AND THE GOVERNOR MUST OBEY IT”.

In furtherance to this, on same day, the APC Governorship candidate in the 2015 general elections in Rivers state Dakuku Peterside was live on 92.3 Nigeria info insisting that the National Industrial Court had just ordered the reinstatement of the ALGON 22 acclaimed chairmen in the state, and in what seems conspiratorial, Ken Atsuete has been going about various media houses in the state propagating this message, misleading and inundating the unsuspecting public with is falsehood and rumour, showing that he may be partnering the APC to incite political unrest and breaching the public peace to plunge Rivers state into another round of unimaginable crisis. It is more disturbing because he is a Lawyer and member of the Bar.

The Rivers state Commissioner of Police Chris Ezeike addressed the press, citing the

It is of great concern that nothing in the record of proceedings of the National Industrial Court which certified True Copy is attached herewith, reflects the Misleading information of Ken Atsuete as he is challenged by this petition also to produce the Certified True Copy of the record of proceedings on this matter of July 13, 2015 to prove his information.

Thus, I seek for your Association to determine;

i. Whereas the NBA being a professional body governed by codes and ethics of conduct, whether Ken Atsuete a member of the Bar misinforms the public to cause political unrest and breach of Public peace in the state over a matter before a Court, whether he does so ostensibly onbehalf and in reflection of codes and ethics of conduct of the Bar

ii. Whether Ken Atsuete is not is not in breach of the codes and ethics of conduct of the Bar and whether he is not liable for disciplinary actions by the Bar or such department or Committee that may be responsible for discipline of erring Lawyers for any misconduct.

iii. Whether Ken Atsuete being a practicing Lawyer and a member of the Bar was right by himself or in conspiracy with a political party to deliberately misrepresent a Court proceeding, that is the National Industrial Court, and go ahead to spread a rumour that caused so much tension and panic in the state as he claimed to have been present in the court although the record of proceeding does not recognize him as a Lawyer present in court on the matter as to give him grounds to speak in defense of the ALGON 22 in the matter.

MY PLEAS:
i. That the NBA should immediately investigate Barrister Ken Atsuete on the allegations leveled against him and employ necessary disciplinary measures against him so as to serve as a deterrent to other Lawyers and members of the Bar who have been cloaking about in this same manner.

ii. That the Bar must take necessary actions now to save its image from this type of embarrassment as many young lawyers recently called to Bar along with the unsuspecting public have been seriously misled by the activities of the likes of Ken Atsuete and his co-travelers who now use their Law School certificate for activities that poses serious doubt on the credibility and responsibility of the Bar.

Attached herewith is a certified true copy of the record of proceedings of the National Industrial Court seating in Yenagoa for July 13, 2015 on this matter.

Thank you as your quick response to this petition is anticipated.

Livingstone Wechie
08038657860
cc:
National Judicial Council
The Body of Benchers