CJN, NJC launch probe into conflicting judgments on Rivers disputes

Kekere Ekun

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Judges of the Federal and State High Courts involved in issuing conflicting rulings in political cases affecting Rivers State are now officially under investigation by a National Judicial Council (NJC) panel.

The Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, met with the NJC panel yesterday in her office and directed that the investigation report be completed by the end of the week.

According to this directive, the panel has summoned all judges involved in multiple cases arising from the ongoing political dispute between Governor Siminalayi Fubara and his former mentor, the Minister of the Federal Capital Territory (FCT), Nyesom Wike.

The panel, chaired by a former justice of the Court of Appeal, also includes two heads of courts.

Additionally, the CJN has summoned the Chief Judge of the Federal High Court, Justice John Tsoho, who is scheduled to appear before the NJC panel on Tuesday, October 29, to address the judgements his court issued regarding the Rivers political crisis.

Tsoho is expected to defend the Federal High Court under his administration, particularly in response to petitions filed with the NJC by various lawyers and litigants regarding political cases from Rivers State. He is specifically required to explain why these cases are being heard in Abuja rather than at the Port Harcourt division of the court.

The CJN initiated the probe independently, responding to public concerns over the apparent inconsistencies in court rulings. Prominent lawyer Femi Falana, one of the involved legal representatives, sent a letter to the Chief Judge last Friday, questioning why cases originating in Port Harcourt are being heard in Abuja instead of by the Port Harcourt division, which has five judges on its bench. Falana raised concerns about allegations that judgements may be influenced or ‘procured’ in Abuja.

Although the issue was formally brought before the court, Justice Joyce Abdulmalik of the Abuja division, who is hearing one of the cases, refused to transfer it to Port Harcourt, ruling that only the Chief Judge has the administrative authority to assign cases.

It should be noted that previous governorship election petition tribunals for Bayelsa, Kogi, Imo, and Rivers states were also held in Abuja to ensure the safety of judges and court staff due to volatile political situations in these states.

Since the onset of the political conflict between Fubara and Wike, Rivers State has seen multiple conflicting rulings from State and Federal High Courts. Justice Peter Lifu of the Federal High Court in Abuja recently restrained the Independent National Electoral Commission (INEC) from releasing voter registers to the Rivers State Independent Electoral Commission (RSIEC) for the October 5, 2024, local government elections. The court also barred the Inspector-General of Police and the Department of State Services (DSS) from providing security for the poll.

This Federal High Court order contrasts with a prior ruling by the Rivers State High Court, which instructed RSIEC to proceed with the election using the National Register of Voters for the 2023 General Elections, as compiled by INEC. The state High Court had also directed security agencies, including the Nigeria Police Force, to ensure peace and order during and after the local government election.

The Chief Judge of the Rivers State High Court is also expected to appear before the NJC probe panel later this week to explain the issuance of conflicting orders by state high court judges.

Also, Justice Kudirat Kekere-Ekun provided insight yesterday into how the judiciary can achieve true independence.

Kekere-Ekun spoke at the 2024 induction course (Batch B) for newly appointed Judicial Officers of Superior Courts, which was organised by the National Judicial Institute in Abuja.

The CJN highlighted that the judiciary is an indispensable governance pillar, and its genuine independence is vital.

“This independence, however, can only be sustained when our constitutional functions are free from external interference by other branches of government,” she stated.

Justice Kekere-Ekun encouraged the participants to be courageous and honest in their judgments, “ensuring that you remain impartial and are not swayed by external influences of any kind.”

She underscored that the Judiciary is the backbone of democracy, serving as an impartial and independent arbiter. She added that its role is essential in upholding the rule of law and promoting democratic values.

“Society, particularly the common man, views the judiciary as a safeguard against injustice, lawlessness, and the erosion of societal order and stability. Significant trust is placed in us, and we must execute our duties with unwavering integrity to uphold this trust and reinforce public confidence in our justice system,” the CJN said.

The Justice advised the newly appointed judicial officers to avoid actions that could tarnish the judiciary’s reputation or hinder the fair administration of justice.

“While the Bench and the Bar are partners in progress, judicial officers play a pivotal role in setting standards for the legal profession. I urge Your Lordships to lead by example, upholding the highest values expected of your esteemed positions,” she stated. “Demonstrate integrity, be punctual in your duties, and resist any form of inducement or bias in the dispensation of justice. Any judicial officer failing in these fundamental qualities must be prepared to face the consequences.”

The CJN also warned sternly about the indiscriminate granting of ex-parte orders, describing it as a “cankerworm fast consuming our judicial system.”

Earlier in his welcome address, the Administrator of the National Judicial Institute, Justice Salisu Abdullahi (retired), explained that the induction course was specially designed to familiarise participants with the responsibilities of the Higher Bench, instil the art and craft of judging, and clarify specific issues relevant to their new roles as judicial officers.

Relatedly, the Rivers State Judicial Commission of Inquiry into the post-election violence that led to attacks on several local council secretariats in the state has summoned some allies of FCT Minister Nyesom Wike to appear before it.

This was contained in a statement issued by the Chairman of the Commission, Justice I. R. Minakiri, in Port Harcourt yesterday.

Among those summoned are the immediate past Chairman of Ikwerre Local Council, Dr Samuel Nwanosike, along with his counterparts in Eleme and Ahoada East, Obarilomate Ollor and Hope Ikiriko, respectively.

The trio served as local council chairmen during Wike’s governorship and completed their terms under the incumbent Governor, Fubara.

Aforji Igwe, who represents Eleme Constituency in the State House of Assembly and is an ally of the FCT Minister, was also summoned.

Recall that suspected political thugs attacked local council secretariats in Ikwerre, Eleme, and Emuoha.

The statement, which summoned 109 individuals as witnesses, read, “Pursuant to the call and receipt of Memoranda by the Judicial Commission of Inquiry into arson, killings, and wanton destruction of property at Local Government Council Headquarters in Rivers State, the following persons are hereby summoned to appear as scheduled below.”

The panel lists October 30 for witnesses from Ikwerre, November 1, 4, and 5 for those summoned from Eleme, and November 6 for witnesses from Khan Council.

For Emuoha, witnesses are to appear on November 7, while those from Ohio/Akpor and Ahoada East will appear on November 8, with spillover accommodated on November 11, 2024.

The statement added that the individuals listed are to “Appear before the Rivers State Judicial Commission of Inquiry, appointed by His Excellency, Executive Governor of Rivers State, Sir Siminalayi Fubara, to inquire into the Arson, Killings, and Wanton Destruction of Properties at some Local Government Council Headquarters, which occurred on or about Monday, October 7, 2024, sitting at Rivers State Judicial Commission: Justice I. R. Minakiri’s Court, Block C, Court 14, Rivers State High Court Complex, Port Harcourt, at 9 O’clock.

“To give evidence and/or tender document(s) with respect to the inquiry. Therefore, do not fail, as it may be at your peril. You are required to bring with you any evidence to establish your case.”

This came as Wike stated yesterday that his commitment to local council autonomy is unwavering.

Wike explained that local council autonomy would make councils directly accountable to the people, ensuring they effectively meet local needs.

Speaking during the flag-off of road upgrades, including War College and other key routes in Bwari, the minister clarified that he has no interest in allocations to area councils and is solely responsible for the funds under his control.

He stated, “Since we assumed office, I haven’t concerned myself with how much area councils receive. I have my allocation, and they have theirs. That’s why I support Mr President’s stance on local government autonomy, with no apologies. Local councils should be accountable to their people, just as we are accountable for the resources entrusted to us.”

Meanwhile, the court-backed Rivers State chapter of the All Progressives Congress (APC) has strongly condemned attempts to block local council allocations, describing it as a “civilian coup d’etat”.

In a statement signed by its spokesman, Darlington Nwuju, the party attacked the National Working Committee-backed caretaker committee chairman, Tony Okocha, for boasting about obtaining a judgment from a court of coordinated jurisdiction in Abuja to stop allocations to local councils in Rivers State, frustrating thousands of Rivers people who depend on the local government system for their livelihood.

Nwauju emphasised the importance of electoral bodies’ independence, citing Section 87 of the 2010 Electoral Act. He praised the Rivers State Independent Electoral Commission (RSIEC) for conducting local council elections on October 5, 2024.

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