Recent happenings in the judiciary have raised fresh concerns over the sanctity of rulings and judgments emanating from our courts. The conflicting deliveries on political issues not based on sound reasoning especially from the high courts is now the order of the day.
Precisely Tuesday last week, Justice Okon Abang of the Federal High Court, Abuja Division, aborted People’s Democratic Party, PDP, National Convention slated to hold in Port Harcourt Wednesday August 17 via an order of interlocutory injunction.
The restraining order was sequel to a motion on notice filed by PDP’s factional Chairman Ali Modu Sheriff and seven other officers challenging the legality of the convention.Hearing on the substantive suits slated for September 7. The judge insisted that the case must be determined before the convention takes place.
For effect, Independent National Electoral Commission,INEC, was prohibited from monitoring any PDP convention, while Inspector General of Police, Mr Ibrahim Idris, was mandated to ensure compliance. Justice Abang vowed to deal with any violator of his orders.
Chief Judge of the Federal High Court, Justice Ibrahim Auta assigned the case file on the PDP leadership tussle to Justice Abang, July 4. Armed with a Judgment of the Lagos Division of the FHC judgment delivered by Justice Ibrahim Buba on May 24, 2016, which nullified Ahmed Makarfi’s emergence as the party’s Chairman Caretaker Committee, Sheriff and others sought an interim injunction before Abang on July 20 . The injunction meant to stop the planned convention was granted July 27. Makarfi and six others applied to be joined as defendants, a request Justice Abang granted on August 15. Instead of filing necessary processes, defence counsel Ferdinand Orbih went before Justice Ibrahim Watila of the Port Harcourt Division of the FHC to obtain a counter order to Justice Abang’s. This set the stage for the conflicting orders that ensued.
There is only one Federal High court by virtue of Section 291 of the 1999 Constitution, the divisions exist for administrative convenience.
There should not be any basis whatsoever for the type of near judicial anarchy witnessed last week.Since the Chief Judge of the FHC assigned the case file to Justice Abang abinitio, the motion before the Port Harcourt Division ought to be consolidated with that of Abuja to avoid unnecessary muscle flexing and confusion.
Justice Auta should step in and save his court from self inflicted public odium and loss of confidence in the system. The matter should be referred to the courts for final determination.
The National Judicial Council, NJC, should take appropriate disciplinary measures against erring judges.The Bench should be sanitised, those who are not fit and proper should be shown the way out.
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