Lagos, Nigeria – A prominent Nigerian human rights lawyer, Inibehe Effiong, has sparked a debate among legal professionals by defending the participation of counsel in protests to secure the release of clients facing what he describes as “executive impunity” and disregard for court orders.
In a detailed post on X (formerly Twitter), Effiong recounted a personal experience from 2020 where he staged a protest at a State Security Service (SSS) facility to enforce a court ruling in favour of his client, blogger Kufre Cater, in Akwa Ibom State. Effiong argued that in Nigeria’s “lawless” environment, traditional legal processes alone are sometimes insufficient to combat government overreach.
“Some lawyers, who probably have never been faced with a case where they had to confront executive impunity and gross disregard for court orders, have been very outspoken in the last few days against the participation of a counsel in a protest that relates to his client,” Effiong wrote. “I respect their views, but I fundamentally disagree with them. I believe that there are cases where a counsel can protest for the release of his client or protest against the treatment meted on his client.”
The incident stemmed from Cater’s viral Facebook post exposing alleged mismanagement of COVID-19 funds in Akwa Ibom State, which reportedly embarrassed the then-governor and led to Cater’s arrest by the SSS. Criminal charges were filed at the Magistrate’s Court, with stringent bail conditions imposed. Effiong successfully moved to vary these at the High Court, despite opposition from the state’s Attorney General.
The judge ruled in their favour, substituting liberal conditions that were promptly met. However, the SSS initially refused to accept the release warrant due to a minor error. Even after correction, they declined to release Cater, citing a letter from the Attorney General instructing them to ignore the order pending an appeal.
Undeterred, Effiong, accompanied by a colleague, a bailiff, and members of the press, confronted officials at the SSS command. “I started protesting inside their facility in a very disruptive way,” he described. “The situation was very tense. Every other person was sent out of the premises except me. They locked me inside. I became more confrontational in my protest which forced almost everyone in the building to come outside.”
The standoff drew the attention of the State Director, leading to dialogue. For the first time in weeks, Cater was allowed to meet Effiong. Ultimately, Cater was released, though the charges remained pending at the time. They were later abandoned and struck out, as Effiong noted the government recognised they would not succeed.
Effiong drew parallels to the late legal icon Gani Fawehinmi, known for his activism against authoritarianism. “As lawyers, we have to be willing to admit that Nigeria is a lawless country,” he stated. “There are situations and cases that filing court processes cannot resolve. Gani Fawehinmi understood this perfectly and never hesitated to confront executive impunity.”
The post comes amid broader discussions in Nigeria’s legal community about the boundaries of advocacy, particularly in cases involving state security agencies and political interference. Effiong’s account highlights ongoing concerns over the enforcement of judicial decisions in a nation where human rights groups frequently report arbitrary detentions and non-compliance with court orders.
