An order of a Federal High Court, allegedly, written by Justice Donatus Okorowo, halting the removal of 27 lawmakers in Rivers State House of Assembly, who recently defected from Peoples Democratic Party (PDP) to All Progressives Congress (APC), has gone viral, a further embarrassment for the judiciary.
This is just as the opposition political parties under the aegis of Coalition of United Political Parties (CUPP), on Sunday, confirmed plans to validate defection of the 27 members of the Assembly from PDP to APC.
At the same time, the Centre for Africa Liberation and Socioeconomic Rights (CALSER) raised the alarm over an alleged plot by some members of the Rivers State House of Assembly to thwart the conduct of by-elections into the state legislature.
The purported ruling, which, according to the court document, would have been issued today, suddenly surfaced on the social media.
What is currently playing out in Rivers State seems to highlight the crisis of confidence that recently rocked the Nigerian judiciary, following inconsistencies discovered in the Certified True Copy (CTC) of the majority judgement of the Court of Appeal in the Kano State governorship election petition, which Chief Registrar of the Court of Appeal, Mr Mohammed Umar Bangari, described as mere clerical errors.
The three-member panel of the appellate court had in their majority judgement dismissed Governor Abba Yusuf’s appeal against the ruling of the Kano State Governorship Election Petition Tribunal for lacking merit.
But in the CTC released to lawyers, some contradictions appeared, which seemed to give verdict in favour of both the appellant and the first respondent, APC.
Many supporters of the appellant and some lawyers alleged that the judgement was in favour of Yusuf before it was manipulated to favour the APC candidate. They alleged that what the justices read in court was different from what was contained in the CTC, and insisted that the CTC, being a written document, was the original judgement.
But the appellate court’s chief registrar dismissed the contradictions as nothing serious, adding that even the lawyers and the politicians knew the truth, but were merely playing to the gallery.
Bangari stressed that what happened in the judgement was a clerical error, which happened from time to time. He said the courts had a way of addressing such errors through the instrumentality of the law.
The chief registrar further contended that the contradictions did not in any way invalidate the findings and conclusion of the court.
In the current Rivers State issue, according to a copy of the ruling due to be delivered today, Okorowo, in granting the order restrained the Independent National Electoral Commission (INEC), PDP, Rivers State House of Assembly, Clerk of Rivers State House of Assembly, the Inspector General (IG) of Police, and the Department of State Service (DSS) from taking any steps to remove the 27 lawmakers from office over their defection.
The purported ruling in the suit marked: FHC/ABJ/CS/1681/2023, is dated Monday, December 18, 2023, although not signed by the judge.
Besides, the purported ruling did not state who filed the suit or moved the injunctive application on behalf of the plaintiffs/applicants.
The alleged ruling said, “By this urgent application, the Plaintiffs/Applicants are praying this Honourable Court for 5 (five) interim injunctive reliefs.
“I have carefully listened to the submissions of the learned senior counsel and also considered the affidavit of Rt. Hon. Honourable Martin Chike Amaewhule (the 1” Plaintiff) in support of the motion, the documentary evidence marked EXHBITS Al — A5, BiBS and C as well as the Written Address in support.
“The urgency of the subject matter of this suit is abundantly clear from the affidavit evidence and the supporting documents. This court is eminently vested with the requisite jurisdiction to consider an application of this nature in the circumstances having regard to the provisions of Order 26 Rule 5 of the Federal High Court.”
While observing that the court had a duty to intervene in really urgent situations such as this, the court held that it could not ignore the import of evidence tendered before it, which had affected the legal rights of the applicants and necessitated them to find refuge by defecting to the APC.
The court, allegedly, held, “In the circumstances, there is urgent need to protect the seats of the Plaintiffs/Applicants from being declared vacant by the Defendants or being hampered in the performance of their legislative function.
“For the avoidance of doubt, an interim order of injunction is hereby made restraining: The 1 and 3 Defendants, either by themselves, their officials, officers, servants, agents, staff or privies from declaring vacant or taking any steps whatsoever to declare vacant the seats of the Plaintiffs/Applicants at the Rivers State House of Assembly; from withdrawing the Plaintiffs/Applicants’ respective Certificates of Return and from conducting fresh elections to fill in the seats of the Plaintiffs/Applicants at the Rivers State House of Assembly, pending the hearing and determination of the Motion on Notice.
“The 1st Defendant from conducting fresh elections to fill in the seats of the Plaintiffs/Applicants in Rivers State House of Assembly, pending the hearing and determination of the Motion on Notice.”
Besides, the court restrained the defendants from interfering with or impeding in any way or attempting to interfere in any way with the performance of the plaintiff’s official and legislative functions as Speaker, Deputy Speaker, and members, respectively, of the Rivers State House of Assembly, pending the hearing and determination of the Motion on Notice.
The judge subsequently fixed Wednesday, January 17, 2024, for hearing.
CUPP, while confirming the development, alleged that the plot was to pave the way for the impeachment of Fubara.
CUPP made the allegations at a news conference addressed by its National Secretary, Mr. Peter Ameh, in Abuja
The group claimed that it had intercepted credible intelligence and draft ruling that was purportedly written by a judge.
Ameh further alleged that the purported draft verdict was currently in circulation on the web and would be delivered on Monday (today) or within the week in a secret application filed in court after the close of business between Thursday and Friday last week.
CUPP vowed to drag any judge that delivered such ruling to the National Judicial Council (NJC), even as it asked heads of security agencies to steer clear of the political crisis and ensure that the institutions of government, especially the Rivers State government, were protected.
Meanwhile, CALSER raised the alarm over an alleged plot by some members of the Rivers State House of Assembly to thwart the conduct of by-elections in the state.
At a parley with newsmen, the centre claimed that the lawmakers planned to approach the courts to challenge the legality of the letter sent to INEC to conduct by-elections to fill the vacuum created by the 27 members’ defection to another political party.
Convener of the group, Princess Ajibola, urged the lower courts not to allow themselves to be used to undermine the stability of the country by rejecting any overtures from the 27 defected lawmakers in the Rivers State House of Assembly.
Chuks Okocha, Sunday Aborisade and Alex Enumah in Abuja
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