Malcolm Omirhobo, is one Nigerian, currently protesting against what may be rightly called a miscarriage of Justice.
Supreme Court, the apex court in Nigeria had ruled for people to wear hijab, a particular mode of dressing, associated with Muslim faithfuls, to attend any public school, specifically, in Lagos State.
This is not to say, the Supreme Court judgement or interpretation of the Nigeria law is not applicable in other states.
Irked by the Supreme Court judgement, and its questionable sagacity to common wisdom, a senior lawyer and a human rights activist, Malcolm Omirhobo, stormed the Supreme Court recently, in Abuja with a mode of dress, associated with Juju priests or Babalawo(s).
Omirhobo stated that he needed to dress according to his religion to observe proceedings at the Supreme Court since the apex court had ruled that it is the right of every Nigerian to dress to any public place in their own religious attire.
Omirhobo while reacting to his critics, fellow lawyer who felt, it was wrong of him, to put on a mode of dress, against the code of conducts of the legal profession, to attend proceedings at the Supreme Court, said as excerpted below:
MY APPEARANCE AT THE SUPREME COURT AND JIBRIN OKUTEPA SAN CONCERNS. BY CHIEF MALCOLM EMOKINIOVO OMIRHOBO.
My attention has been drawn to the post of Mr. Jibrin Samuel Okutepa, SAN concerns on my appearance at the Supreme Court of Nigeria making the rounds in the social media and consequently it is important that I clear the air .
I attended the supreme court as a legal practitioner as of right to observe proceedings and not to appear for any party . In the circumstance it would have been contemptuous of me to stand up to address the court as suggested by Mr Jibrin without first seeking the permission of the court or without being called upon by the justices to speak.
On whether the Legal Practitioners Disciplinary Committee (LPDC), can or will sanction me for dressing and appearing in the mode and manner prescribes by my religion before the Supreme Court? The answer is NO, because, according to the Supreme court of Nigeria by virtue of section 38 of the Nigerian constitution, every Nigerian is entitled to freedom of thought, conscience, and religion, and freedom (either or in community with others, and in public or in privacy) to manifest and propagate his religion or belief in worship, teaching, practice and observance.
This my right cannot be wished away just because some other persons feel uncomfortable with it.
The way I dressed to the Supreme court constitutes an act of worship, hence the refusal to allow me to put on my traditional outfit on my lawyers uniform will be a clear infraction of my constitutionally guaranteed right .
On that faithful day, I arrived the Supreme Court Complex at about 9am and by the time I finished addressing a press conference, it was about 11(a.m). I then proceeded to enter the court room. By the time I got there, the justices of the Supreme Court were on recess. As I made my way into the court room, the policemen and other security operatives at the entrance of the court tried to stop me but I refused and forced my way in and sat down at the bar on the third roll because the first two rolls were already occupied. When the justices reconveyed, they saw me and were discomfited and had to abruptly rise after hearing an application which they struck out.
It is not true that the Supreme Court Justices did not notice me as Mr. Jibrin said. They did. Every lawyer knows that the bench from their vantage position in courts are able to view the bar and the gallery as well as monitor the activities in their courts. On this occasion I was sitting at the third roll dressed with painted face, feathers in my wig, tying a red cloth, with beads and calabash around my neck and cowries on my wrist and Jibrin say that the justices did not see me? Haba! There is God oooo.
Practicing lawyers and litigants will bear me witness that no composed judge, not to talk of the justices of the apex court will spare an improperly dressed lawyer that enters their court not to even talk of sitting at the bar. The reaction of the justices after seeing me goes to show that they were taken aback if not, three things would have happened, the first is that they would have stood me up and lambasted me, after which they will throw me out of their court. The second is that, they would have cited me for contempt and the third thing is that the justices would have ordered that I be sent to a Psychiatric Hospital to check my mental state. But none of these happened. Feeling my presence in their court, the justices read the handwriting on the wall and let me be. I must however commend them for their maturity and discernment.
Granted without conceding that, the justices of the supreme court did not see me, the question now is what did the learned silk that saw me do? Nothing, because he too like the justices was discomfited. As a member of the inner bar ranking higher than myself in the legal profession, what is expected of him with the other four Senior Advocates of Nigeria that he claimed were present in court was for any of them to approach me to find out what the problem was and if my responses are not satisfactory, then, they
would have asked me to leave with support of the other members of the bar. Mr. Jibrin Samuel Okutepa, SAN, did nothing, only for him to go to the social media to seek relevance.
I am not in anyway introducing religion in our profession as suggested by the learned silk but helping to develop it. Importantly too, I did not attend the supreme court to make trouble but to celebrate with the justices of the supreme court for their recent judgement permitting every Nigeria to dress in public places as prescribed by their religion.
I shall continue to exercise my fundamental rights to freedom of thought, conscience and religion as enshrined and guaranteed in the Nigerian constitution and as affirmed by the decisions of the Supreme court of Nigeria by appearing the way I did at the Supreme Court in other courts. Nobody can deprive me of my fundamental rights because it will be illegal, unlawful and unconstitutional to do so.
I advised the learned silk to save his Bible verses, until he sees the Daniel in me in no distant time, because I believe that action speaks louder than words.
Statement issued by Malcolm Omirhobo, on June 26, 2022.
While Malcolm Omirhobo continued to wear his juju or Babalawo like mode of dress to court, another Lawyer created a scene in Anambra state.
The lawyer,Ogbachalu Goshen appeared in court, putting on a pastoral robe.
The dress code, as it was gathered, caused a drama.
The lawyer dressed as Reverend Father to attend proceedings at the Okpoko magistrate court in the Ogbaru Local Government Area, near Onitsha, Anambra State, on Thursday.
We learnt, the court proceedings, presided by Her Worship, C.B Mbaegbu, were on, until a matter was called up and Goshen announced his appearance as a defence counsel.
“When the Magistrate told him he cannot appear and address the court in that regalia, he objected, citing the recent Supreme Court judgement that gave female students the backing to wear hijab in public schools as a precedent.
“As the Magistrate stood her ground that he cannot appear in her court in that mode of dressing, Goshen also insisted that it was his right and that the objection by the Magistrate was an infringement on his fundamental rights as enshrined in Section 38 of the 1999 Constitution of the Federal Republic of Nigeria.
“As the arguments continued with both the Magistrate and the lawyer refusing to shift ground, the Magistrate rose, thereby forcing the court to dismiss immediately.
“Various lawyers and people who came for different matters filed outside as the Magistrate immediately entered her car and drove off.
“But in an interview, Goshen justified his actions and said that the incident had already become a constitutional matter since the Supreme Court made such a ruling.
“He said the court should also answer what will happen when a female Muslim lawyer enters the court in her hijab.
“He said that he is an ordained pastor and should also be allowed to appear that way in court since the Supreme Court has decided.
“Asked whether the ruling is in the best interest of the judiciary, he said that for now, it remains a precedent that must be obeyed”, media reports.
In a most recent interview with the BBC, Malcolm Omirhobo said that the Supreme Court erred in its ruling, because, the Constitution of Nigeria forbids state or government authority from any act of secularity.
He said the Constitution does not allow government to be involved in religion.
The BBC interview is embedded below.
