CJN summons six Chief Judges over conflicting ex-parte orders

[By VICTOR NZE]

Chief Justice of Nigeria (CJN), Justice Ibrahim Muhammad, Monday, summoned Chief Judges of six states over conflicting ex-parte orders said to be emanating from courts in the same state.

The CJN said the summons had become necessary in view of ‘earlier NJC warning to judicial officers’ to avoid such developments in the country’s judicial system.

The summoned chief judges are expected to brief CJN Tanko on circumstances that had led to conflicting orders from courts in their jurisdiction on same suits.

Those summoned include; Chief Judges of Rivers, Kebbi, Cross River, Anambra, Jigawa and Imo states.

The affected Chief Judges are to first appear before the CJN, and then before the NJC to explain what informed the issuance of conflicting orders by courts of coordinate jurisdiction.

The conflicting rulings frowned at by the CJN Tanko are believed to be those involving the forthcoming November 6 Anambra state Governorship Elections where candidates and their political platforms have besieged the law courts flaunting injunctions before the Independent National Electoral Commission (INEC) for listing on the ballot ahead of the poll.

While the Peoples Democratic Party (PDP) official candidate, Valentine Ozigbo has battled for the governorship ticket of the party against Ugochukwu Uba, the All Progressives Grand Alliance (APGA) has faced off the challenges of another faction of the party on two fronts, as Chairman Victor Oye/Charles Soludo engaged in a fight of litigation with Jude Okeke/Chukwuma Umeoji as chairman and candidate, respectively.

The faceoff has seen legal fights drag from Anambra, to Jigawa and to Imo states.

Another conflicting order emanated from Kebbi and Rivers states where the erstwhile PDP National Chairman, Prince Uche Secondus was removed by a Rivers High Court, in one day, only to be reinstated by a Kebbi court two days later.

The CJN, in was learnt, frowned at the embarrassment caused the Judiciary by the actions of the judges behind the conflicting ex-parte orders which has also seen the courts thrown into the epicenter of the crisis rocking the PDP leadership, as well as the inability of INEC to sort out candidates and political parties eligible to vie for the Anambra governorship poll in November.

The Anambra poll crisis took a twist when the PDP petitioned one of the judges in the state before the chief judge on the allegation of making away with a case, thereby hindering appeal.

Media aide to the CJN, Ahuraka Yusuf Isah confirmed that Justice Muhammad did issue the summons in his capacity as the Chairman of the NJC.

It was gathered that the meeting between the CJN and the affected Heads of Courts would hold this week before their appearance before the NJC sometime next week.

Part of summons reads: “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 Warning to judicial officers on the need to be circumspect in granting ex-parte applications.”

It would be recalled that, penultimate weekend, the National Commissioner and Chairman, Information and Voter Education Committee, of the Independent National Electoral Commission (INEC), Barrister Festus Okoye, said politicians and their political parties are now engaged in ‘forum shopping,’ ahead of the Anambra State Governorship election slated for November 6, this year.

Speaking on Channels TV, Okoye said politicians in the state are now approaching various courts in the country seeking for favourable judgements ahead of the governorship poll in Anambra State.

Reacting to the plethora of court suits which had hamstringed his Commission from effectively listing candidates of political parties for the elections in the state, Okoye expressed fears over the situation as, according to him, ‘it is going to have far-reaching consequences on our electoral process.’

“What is going on is what in legal parlance, we call ‘forum shopping’; people who are looking for a place where they can get a favourable decision.

“For a party primary that took place in Anambra, for instance, some people will go to Bauchi state, some people will go to Jigawa state, some people will go to Imo state and to other places to go and look for a place where they can get a favourable decision.

“It is important for the judiciary to intervene in what is going on. If this spate of multiple and conflicting court orders is carried forward to the 2023 general election, it is going to have far-reaching consequences on our electoral process.”