CJN and NJC Launch Investigation into Conflicting Judgments on Rivers Political Dispute
By Wisdom Tide
November 4, 2024
The Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, has directed a National Judicial Council (NJC) panel to investigate judges of Federal and State High Courts who issued conflicting judgments in recent political cases involving Rivers State. The investigation focuses on cases connected to the ongoing dispute between Rivers State Governor Siminalayi Fubara and the Minister of the Federal Capital Territory (FCT), Nyesom Wike.
NJC Panel Probes Conflicting Rulings in Rivers Political Cases
The NJC panel, chaired by a former Court of Appeal justice and comprising two heads of courts, has been tasked to complete its report by the end of the week. The panel has summoned all judges involved in these multiple rulings and will hear from Chief Judge of the Federal High Court, Justice John Tsoho, who is scheduled to appear on October 29. Justice Tsoho is expected to provide explanations regarding judgments issued under his administration related to the Rivers crisis, especially concerning the transfer of cases from Port Harcourt to Abuja.
Focus on Jurisdictional Issues and Allegations of ‘Procured’ Judgments
One focal point of the NJC’s investigation is the location of court hearings. Prominent lawyer Femi Falana has raised concerns, questioning why cases originating in Port Harcourt were adjudicated in Abuja rather than in the Port Harcourt division, which has five presiding judges. Falana suggested that judgments may be influenced or “procured” in Abuja. Despite this formal challenge, Justice Joyce Abdulmalik of the Abuja division declined to transfer one of the cases to Port Harcourt, stating that only the Chief Judge has the authority to reassign cases.
Historical Context of Tribunal Locations for Safety Reasons
The CJN’s directive to scrutinize these cases responds to public concern over the apparent inconsistencies in judgments, particularly as similar situations have led to tribunals for other states—such as Bayelsa, Kogi, Imo, and Rivers—being held in Abuja for security reasons. This arrangement was intended to safeguard court personnel amid politically volatile climates in these regions.
Contradictory Orders Complicate Local Elections
The political conflict between Fubara and Wike has led to multiple, conflicting rulings. For instance, Justice Peter Lifu of the Federal High Court in Abuja recently barred the Independent National Electoral Commission (INEC) from releasing voter registers for Rivers State’s October 5 local elections. In contrast, the Rivers State High Court had instructed the state electoral commission to proceed with the election using the INEC voter register from the 2023 General Elections and directed security agencies to ensure public order during the election.
Judicial Independence and Integrity Emphasized by CJN
Addressing the importance of judicial independence, Justice Kekere-Ekun, speaking at the National Judicial Institute's 2024 induction course for new judges, underscored the judiciary’s role as a pillar of democracy. She urged judicial officers to perform their duties impartially, free from external interference. Emphasizing integrity and honesty, she warned against biases, inducements, and the indiscriminate issuance of ex-parte orders.
“Society, especially the common man, sees the judiciary as a last bastion against injustice,” she noted. “We must perform our duties with the highest integrity to maintain public confidence in our justice system.”
Judicial Commission of Inquiry on Rivers Post-Election Violence
In a related development, the Rivers State Judicial Commission of Inquiry into post-election violence has summoned several allies of Minister Wike, including former local council chairmen. Justice I.R. Minakiri, chairman of the commission, announced that individuals from various local government areas, affected by arson and other attacks in the state, are expected to appear for testimony on designated dates in early November.
Wike Advocates for Local Government Autonomy
Meanwhile, Minister Wike has reiterated his commitment to local government autonomy, asserting that local councils should be directly accountable to their communities. Speaking at a recent road flag-off event, Wike clarified his disinterest in area council allocations, emphasizing that he manages only the funds under his direct control. He expressed support for the President’s stance on autonomy, emphasizing that it strengthens local governance.
Rivers APC Condemns Alleged Block of Council Allocations
In another development, the Rivers State chapter of the All Progressives Congress (APC) denounced attempts to obstruct local government allocations, describing it as an attempt to “cripple local governance.” The APC’s spokesperson, Darlington Nwuju, criticized the caretaker committee chairman, Tony Okocha, for allegedly obtaining a judgment to halt allocations to Rivers councils. Nwuju underscored the vital role of independent electoral bodies and commended the state electoral commission for successfully conducting the recent local council elections.
The NJC’s findings and ongoing judicial reforms are anticipated to restore public trust in the judiciary and address concerns regarding its impartiality, thereby reinforcing the rule of law in the country.
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