… NBA condemns conflicting judgements
Chief Justice of Nigeria, CJN, Justice Ibrahim Muhammad, has summoned six chief judges to an emergency meeting over conflicting court orders that emanated from their judicial divisions in the last one month.
A top source at the National Judicial Council, NJC, who confirmed the development to Vanguard, said the CJN was deeply embarrassed that such conflicting orders emerged from courts of coordinate jurisdiction.
The CJs summoned were that of Rivers, Kebbi, Cross River, Anambra, Jigawa and Imo states.
The CJs are to explain the rationale behind the incessant granting of conflicting ex-parte applications by judges in their divisions, especially on suits instituted by members of various political parties.
A memo dated August 30, 2021, read in part: “My attention has been drawn to media reports to the effect that some courts of coordinate jurisdiction were granting conflicting ex-parte orders on the same subject matter.
“It has become expedient for me to invite you for a detailed briefing on the development.
“This is even more compelling having regard to earlier NJC’s warning to judicial officers on the need to be circumspect in granting ex-parte applications.”
Vanguard learned that the meeting between the CJN and the heads of courts is a prelude to an extended meeting of members of the NJC scheduled for next week.
“Judges found to have been involved in the issuance of frivolous ex-parte orders in politically motivated cases will be made to face NJC panel,” the source who pleaded anonymity added.
It will be recalled that on August 24, 2021, a Rivers State High Court sitting in Port Harcourt, issued an order of interim injunction restraining Mr Uche Secondus from parading himself as the national chairman of the Peoples Democratic Party, PDP, pending the hearing of an application filed against him.
Justice O. Gbasam issued the order following an ex-parte application by Ibeawuchi Alex, Dennis Amadi, Emmanuel Stephen, and Umezerike Onucha, as plaintiffs.
But a Kebbi State High Court sitting in Birnin-Kebbi on August 26, 2021, restored Secondus as national chairman of the PDP.
The Kebbi High Court order was sequel to a suit by four members of the PDP in the state, namely Yahaya Usman, Abubakar Muhammad, and Bashar Suleman, who filed the ex parte application dated August 25, 2021. They had also sought for stay of execution of the suspension order issued by the Rivers State High Court.
Justice Nusirat Umar granted leave to Secodus to return to office as national chairman of the PDP “pending the hearing and determination of the applicant’s motion on notice.”
But on August 27, 2021, a Cross River State High Court sitting in Calabar, restrained Secondus from resuming office as the national chairman of the PDP.
Justice Edem Kooffreh, made the order while ruling on a motion ex-parte by Enang Wani.
The court barred Secondus from presiding over any meeting of the party until the motion was heard.
Recall also that the All Progressive Grand Alliance, APGA, is equally a victim of the conflicting court orders over its governorship candidate in Anambra State for the November 6, 2021, election.
NBA condemns conflicting judgements
Meanwhile, the Nigerian Bar Association, NBA, has expressed dismay over what it called the unfortunate and recurring trend of contradictory court decisions and orders, especially among courts of coordinate jurisdiction, typically arising from ex parte applications and almost always in political matters.
NBA President, Mr Olumide Akpata in a statement, yesterday, said: “Wgile the Nigerian judiciary has in the past made invaluable contributions to the development of the country, there are nevertheless past failings which would hopefully remain permanently interred in the dark annals of history.
“It is in this regard that we view with concern the recurring contradictory decisions by our courts, based on apparently indiscriminate grant of orders and counter-orders, in a way that evokes memories of those eerie and unwanted dark days.
“We must of necessity reference the orders relating to the nomination of candidates by political parties for the forthcoming gubernatorial elections in Anambra State and the equally embarrassing situation playing out in respect of the PDP leadership crisis that has seen three different contradictory rulings by courts of coordinate jurisdiction, in circumstances that leave a lot to be desired.
“These developments in our courts are antithetical to the actualisation of the just society and independent judiciary that we all aspire to, and they run contrary to everything we teach and hold dear as a profession. Indeed, they do nothing but bring the Judiciary and the entire system of administration of justice to ridicule.
“Before blaming the judges, we must first look inwards and call out our members, most of whom are senior members of the Bar, who continue to yield themselves to be used as willing tools by politicians to wantonly abuse the judicial process.
“In our view, these actions contravene the Rules of Professional Conduct for Legal Practitioners 2007 (“RPC”) especially the cardinal Rule 1 of the RPC which requires a lawyer to uphold and observe the rule of law, promote and foster the cause of justice, maintain a high standard of professional conduct, and not engage in any conduct which is unbecoming of a legal practitioner.
“We also concur with the Justice Chioma Nwosu-Iheme of the Court of Appeal in her condemnation of the indulgence by some judicial officers of politicians who go round the country shopping for judgments, and who thereby bring the Judiciary to public ridicule. Beyond that we shall say no more at this time.
“I will on behalf of the NBA, urgently seek audience with My Lord, the Chief Justice of Nigeria to address this issue holistically. the support of the Chairman of the NBA Judiciary Committee, Dr Babatunde Ajibade, SAN as well as the Chairpersons of the NBA Section of Legal Practice (NBA-SLP) and NBA Section on Public Interest and Development Law (NBA-SPIDEL), Mr Oluwaseun Abimbola, SAN and Dr Monday Ubani for this proposed engagement.
“The NBA, as the prime defender of the integrity and independence of the Judiciary, cannot and will not be a spectator whilst our hard-earned democracy is threatened by the venal acts of a few. This is particularly so as the nation approaches its next round of general elections. It can no longer be business as usual,” he added.