The Court of Appeal, in the Calabar Judicial Division, holding at Uyo, on 30th May, 2025, in the appeal NWAOPARA ADOLPHUS UCHE Vs THE STATE (Appeal No: CA/C/376C/2023) has overturned the judgement (Suit No: HEK/13C/2018) of Justice NSEMEKE DANIEL J. of Akwa-Ibom State High Court, which he delivered on 4th October 2023, against the appellant NWAOPARA ADOLPHUS UCHE, a Medical Doctor/Consultant Psychiatrist.
The special panel headed by the President, Court of Appeal, Hon. Justice Monica Dongbam–Mensem, with Hon. Justice Peter Oyinkenimiemi Affen JCA and Hon. Justice Abiodum Azeem Akinyemi JCA, found the appeal meritorious and allowed it, after a careful and meticulous consideration of the issues by the parties in the appeal.
The Court of Appeal in a unanimous judgement delivered by Hon. Justice Abiodum Akinyemi JCA quashed the judgement of the lower court and declared it unconstitutional, null, void and of no legal effect whatsoever.
The Certified True Copy (CTC) of the judgment revealed that the Court of Appeal determined two key issues: – whether the appellant was served with the proof of evidence and whether the prosecution proved its case beyond reasonable doubt. On service of proof of evidence, the appellate court decided that “the learned trial judge’s decision that the appellant was served with the proof of evidence is mistaken as it was based on a non-existent record to that effect”.
The Appeal Court emphasized that “the law is settled that the court is bound by its own record and cannot rely on anything outside it”. He stressed that “it cannot stand because the court has no jurisdiction to act outside its own record”.
The Appellate court expressed disappointment that “the Appellants formal application requesting for proof of evidence was rejected by the trial court, thereby compounding the illegality and unconstitutionality of the trial”.
Furthermore, he declared that by refusing the Appellant’s request to be served with proof of evidence, “the learned trial judge, in my considered view, and with the greatest respect, abdicated his constitutional responsibility and violated the right of the Appellant to a fair hearing”.
Justice Akinyemi JCA, reiterated that this is a mandatory provision of Section 314 (3) and (4) and of the Akwa Ibom State Criminal Procedure Law and Section 36(6) of the Nigerian Constitution. He also cited EDIBO VS STATE (2001) (1) NWLR (part 1051), 306 per OGBUAGU JSC AND OSI VS ACCORD PARTY (2017) 3 NWLR (part 1553). Having found as a fact that the Appellants right to fair hearing was violated, he stressed that it cannot be remedied or waived, and resolved the issue (1) in favour of the Appellant.
He commended the appellant and the senior learned counsel Dr. ESC Obiorah SAN for not filing an interlocutory appeal against the perverse rulings of the lower court but rather decided to vent his grievances in this appeal.
On the second issue for determination, the appellate court emphasized that “a denial of a fair hearing, is sufficient to create a reasonable doubt about the appellant’s guilt and conviction’’.
The court stated that ‘’a prosecution afflicted by the vice of denial of fair hearing lacks credibility”.
The Court concluded that “the prosecution did not prove its case against the appellant beyond reasonable doubt”.
The Court also resolved issue (2) in favour of the appellant.
Hon. Justice Monica Dongbam-Mensem PCA, (President, Court of Appeal), and Hon Justice Peter O. Affen JCA concurred with the lead judgement that the appellants right to a fair hearing was seriously violated at the trial court, because of inexcusable non-compliance to constitutional and statutory provisions, which was fatal to the proceedings.
They unanimously agreed and found merit in the appeal, quashing the trial court’s conviction and sentencing, setting aside the judgment, discharged and acquitted the appellant.
Parties were represented by Ime Ifon (Mrs) Esq for the Respondent/State and Dr. Edwin S.C. Obiorah SAN (with Obiajulu JA Esq. and E. Sunny Esq) for the Appellant.
Reacting to the judgment, Dr. Nwaopara, a Consultant Psychiatrist, expressed gratitude to God for the acquittal after his eight-year ordeal of oppression, cyber bullying, persecution, and blackmail by a few disgruntled, furious, very desperate, extremely tribalistic and brutally abusive colleagues and arbiters who attempted to impose their own rules on the role of a medical superintendent.
He attributed the actions to the merchants of lies, who lied through every means possible.
Despite the challenges, God, in His infinite mercy allowed the case to be heard by a panel led by Hon Justice Monica Dongbam-Mensem PCA and two other Justices; he praised the panel for their efforts in exposing the injustices he faced.
He expressed heartfelt appreciation to the legal team, which was initially led by LATE Faye Dikkio, SAN, who led defence and subpoenaed witnesses in the Evidence-in-chief and cross-examined prosecution witnesses, alongside his lawyers (T. Alege Esq, B. Markinson Esq) and other members of the defence team namely Collins Boleigha Esq, T. Idiyekio Esq, T. Abio Esq (RIP), B. Okpoki Esq,, l. Uchendu Esq, and P. Iweozor Esq.
He praised REV. FR. Dr. Edwin S.C .Obiorah SAN, who concluded the case, for being uncompromising and steadfast in his pursuit of the case, with his team of lawyers at Equity Law office.
He thanked Prof. Taiwo Obindo, the president of the Association of Psychiatrists in Nigeria (APN), and other APN members, including Prof. Chidi Apollos Ndukuba, as well as his colleagues, teachers and well-wishers for keeping a close eye on the case.
He also appreciated the good and wonderful people of Akwa Ibom, who believed that this injustice will never stand.
Furthermore, he decried the fact that, very sadly, his modest efforts as the Medical Consultant of Psychiatric Hospital, EKET, were twisted to suit a pre-determined agenda.
He stressed that this was despite coming up with an architectural design of a new psychiatric hospital, setting up a medical lab, through a public- private initiative, tiling all offices, opening two accounts (all these were the first in 28 years of the existence of the hospital), setting up a vibrant and dedicated Finance Committee and halting revenue collections by unauthorized staff (which angered a few and their cohorts), and paying salaries to casual workers owed previously for several months.
He revealed that other parts of the hospital that were renovated during his short stay included: the offices of the Treasurer, Chief Nursing Officer, Psychologist, Records department, Female ward duty room, Male ward 1, and ward 3 Nursing duty rooms, Consulting rooms 1 & 2, Laboratory office, the Pharmacy room, and the creation of a new office for the Hospital Pharmacist.
Others included, construction of a brand new convenience facility for General Out-Patient Department, renovation of staff convenience which was not in use before he assumed office, renovation of offices of Medical Superintendent, Hospital Secretary, and in the process changing their termite-ridden doors and windows to Chinese security doors and modern Aluminium windows.
He further stated that his successor received nearly half a million in cash, money at the bank, and drugs in the pharmacy, even after all the projects that were done during his short stay, which were well documented in the handover note to his successor.
He revealed that his signature effort at Psychiatric Hospital Eket, was facilitating the donation of medical equipment via a Needs Assessment conducted and captured in a letter to MOBIL PRODUCING UNLIMITED on 14th June, 2017, and their reply dated 27th December, 2017, with reference No: MPN-MPN-PGA-OCP-XXX-1217-0305.
He revealed that on 18th of January, 2018, MOBIL finally donated a significant number of items, including 20 standard hospital beds, mattresses, pillow cases, and bed lockers, to bridge the infrastructure gap.
Other items were 5 rolls of Mackintosh, 10 WCs’, 5 original SMC ceiling fans, 2 swinging metal door cupboards, 45 bedsheets, 3 metal airport reception chairs, 4 office tables, and 4 EMAL office chairs.
These items are still in use today and were never in the news.
However, Dr. Nwaopara blamed Vendetta for the orchestrated agenda of in mudslinging instead of commendation for the positive contributions he made to the Psychiatric hospital.
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