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Files in tow, grilling of Chief Judges on-going over conflicting ex-parte orders

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With files in tow, at least six Chief Judges of States’ High Courts are sweating and giving answers to the Chief Justice of Nigeria and Chairman National Judicial Council (CJN), Justice Ibrahim Tanko Muhammad, in Abuja, on how they assigned cases that have embarrassed the judiciary in the last two weeks.

On Monday, a source from the Supreme Court explained that the Chief Judges were summoned rather than the alleged offending Judges because they (the heads) assigned the cases “knowing full well that they were about disruptive orders and injunctions.”

“It is not a matter for the NJC (National Judicial Council) yet because no petition has been written against the Judges who issued the injunctions. In layman’s language, some people sought the injunctions, someone saw the request of the plaintiffs, and assigned to the Judges involved; so, it is the ones who assigned that are answering questions.

“But you know that if the alleged offenders did anything wrong, they will be shivering now that their bosses are answering questions,” the source added.

According to him, “the appropriate quarters will brief the public and press on the outcome of the meeting.”

Recall that at the weekend,, the CJN demanded for the records of proceedings in all the suits from which conflicting exparte orders emanated.

Those summoned were the Chief Judges of Rivers, Kebbi, Cross Rivers, Anambra, Jigawa and Imo States.

Besides the six Chief Judges, there are indications that the Chief Judge, Delta State High Court, was also invited to explain an order restraining the All Progressives Congress (APC) National Caretaker Committee from operating, and stopping the Delta Local Government Congresses from holding last Saturday.

Those of Rivers, Kebbi, Cross Rivers, Jigawa and Imo States were summoned regarding questionable orders that sacked, reinstated, and restrained the Peoples Democratic Party (PDP) National Chairman, Mr. Uche Secondus, while the opposition party planned and held its National Executive Committee (NEC) meeting last week.

In Anambra, it relates to the nomination of candidates by the major political parties for the forthcoming governorship election in the state.

It was gathered that the unprecedented move by the head of the country’s judiciary is to reset the anti-corruption efforts of the Justice Tanko leadership and entrench a new culture of accountability in the judicial system.

Justice Muhammad is also likely to meet with the leadership of the Nigerian Bar Association in the course of the week, over the matter.

Recall that last week’s summons to the Chief Judges by Justice Tanko reads in part, “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.”

The Nigerian Bar Association (NBA), also sought audience with the CJN over the matter.

The NBA President, Mr. Olumide Akpata, noted that such decisions typically arise from ex-parte applications and almost always in political matters.

“These are antithetical to the actualisation of the just society and independent judiciary that we all aspire to, and run contrary to everything we teach and hold dear as a profession.

“They do nothing but bring the judiciary and the system of administration of justice to ridicule.

“Before blaming the judges, we must first look inwards and call out our members, most of whom are senior members of the Bar, who continue to yield themselves to be used as willing tools by politicians to wantonly abuse the judicial process.

“In our view, these actions contravene the RPC esp Rule 1 which requires a lawyer to uphold and observe the rule of law, promote and foster the cause of justice, maintain a high standard of professional conduct, and not engage in any conduct unbecoming of a legal practitioner.”

According to the NBA President, the Bar agrees with Justice Chioma Nwosu-Iheme in her condemnation of the indulgence by some judicial officers of politicians who go round the country shopping for judgments, and thereby bring the judiciary to public ridicule.

“Beyond that, we shall say no more at this time… I will on behalf of the NBA, urgently seek audience with My Lord, the Honourable Chief Justice of Nigeria to address this issue holistically.”

He sought the support of the NBA Judiciary Committee Chairman, Dr. Babatunde Ajibade (SAN); NBA-SLP Chairman, Mr. Oluwaseun Abimbola (SAN); and NBA-SPIDEL Chairman, Mr Monday Ubani, for the proposed engagement.

“As the nation approaches its next round of general elections, the NBA cannot, and will not, be a spectator whilst our hard-earned democracy is threatened by the venal acts of a few.

“It can no longer be business as usual,” he added.

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