Lawyer who assaulted wife could still be prosecuted despite her withdrawal from case

The Akwa Ibom State Government could still prosecute the lawyer who assaulted his wife recently, despite the woman saying that she would not want her husband to face the law, some lawyers have told PREMIUM TIMES.

The lawyer, Ekere Ebong, was filmed assaulting his wife, Ekemini, at night in front of their residence in Uyo, on 14 December 2023.

Nigerians had expressed outrage over the assault captured in a clip which went viral on social media platforms, including Facebook and X.

In a statement announcing his arrest on 18 December 2023, the police spokesperson in the state, Odiko Macdon, said Mr Ebong “assaulted his wife, dehumanised her, leading to various grievous injuries.”

Mr Macdon, a superintendent of police, also said the lawyer is a “known habitual perpetrator of violent acts against his wife over the years.”

Mr Ebong was arraigned, but granted bail, the Chairperson of the Nigerian Bar Association (NBA) Uyo Branch, Augustine Umoh, said.

Mr Umoh confirmed the setting up of a disciplinary committee against Mr Ebong who is a senior lawyer with over 17 years of practice.

Prosecution can continue

PREMIUM TIMES on Sunday reported how the assaulted wife in a letter dated 20 December 2023 dropped out of the case, saying she does not want her husband prosecuted.

A lawyer told PREMIUM TIMES that the assaulted wife had written an undertaking to withdraw the case before the husband was granted bail.

This newspaper learnt that the lawyer made a confessional statement on the assault on his wife.

James Ibor, a lawyer based in Calabar, Cross River State, said Mr Ebong could still be prosecuted despite his wife’s withdrawal from the case.

According to Mr Ibor, the assaulted wife is not a complainant but only a witness and her opinion does not count in the prosecution because the crime committed by her husband is a crime against the state.

Mr Ibor, who is the principal counsel at Basic Rights Counsel Initiative, said there are provisions in the Criminal Code and Administration of Criminal Justice System Laws of Akwa Ibom State that make the wife a compellable witness to the extent of validating what happened to her.

“And in any case, her invitation may be dispensed with because she’s the wife and the prosecutor may decide not to invite her.

“I’m happy the NBA is involved. NBA is going to deploy every legal mechanism at its disposal to make sure she gets justice whether she likes it or not because it is not justice for her alone; it is justice for the people of Akwa Ibom State, the legal profession, human race and for he her husband, who also has sisters and mother,” Mr Ibor said.

Another lawyer, who did not want his name mentioned in this report apparently because of his closeness to the Ebongs, corroborated Mr Ibor’s opinion on the matter but added the confessional statements made by the suspect were enough to convict him even if the wife does not want it to happen.

“If there’s evidence – in this matter, if the video is tendered and admitted by the court and the confessional statement he made… That statement alone can convict a suspect without necessarily calling for a witness or collaboration.

“The law is that a confessional statement, once positive, direct and concise is sufficient to convict a person. The wife does not need to be a witness for the law to take its course.

“Even if a police officer tendered that confessional statement and the video – there is no way the court would not convict him,” the lawyer said.

He said what the assaulted wife and other people are saying are mere sentiments, which he said, are stronger in people’s minds but do not have any bearing in law.

Outrage

In the video of the incident which went viral on the internet, the assaulted woman wore only her underwear and had a bloodied face.

The incident triggered nationwide, with the Akwa Ibom State Governor, Umo Eno, pledging to assist the assaulted woman get justice.

The Minister of Women Affairs, Uju Kenedy-Ohanenye, had vowed that the lawyer would be prosecuted, whether the wife wanted that to happen or not.

Commenting on Mrs Ebong’s withdrawal from the case, Mr Ibor said her action may not be for love, but because of pressure from the society.

“I know the maternal, paternal families, friends who promote patriarchy and violence against women may be saying to her, ‘Your children will hate you for sending their father to jail. Who will feed them?’”