CONFLICTING COURT ORDERS: CJN orders investigation of FCT, Rivers Judges

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  • Retired Appeal Court Justice heads probe panel
  • Erring judicial officers to be punished

The Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, has waded into the political crisis rocking Rivers State.

THE POINT gathered on Monday that the CJN, perturbed by many conflicting orders emanating from different courts in relation to cases pertaining to the state, has summoned the judicial officers involved.

Reliable sources disclosed that both the heads of the courts and the judges involved in the conflicting orders, would explain themselves before a panel that would be headed by a retired Justice of the Court of Appeal (names withheld).

It was learnt that while a couple of formal complaints have been tabled before the Council, it was the CJN who suo moto ordered a comprehensive probe into the public concerns the court cases have generated.

A top source at the National Judicial Council confirmed to THE POINT that the CJN has taken steps to address the ugly situation.

“What I can tell you is that the CJN is deeply worried about the whole situation and it is a standard procedure for the NJC to query the judges and heads of their respective courts.

“Remember that the CJN is barely a month in office and she had on many occasions, expressed her determination to wield the big stick against erring judicial officers.

“I can assure you that any of the judges found to have acted wrongly would be severely punishable.

“As for the composition of the panel or when the judges will appear for questioning, I cannot say.

“The proceedings will be held in camera, even though the Council will make its findings public at the appropriate time,” the source added.

Among those reportedly summoned to face a panel of the NJC included both the Chief Judge of the Federal High Court, Justice Peter Lifu and the Chief Judge of the Rivers State High Court, Justice Chigozie Igwe.

The Chief Judge of the Federal High Court is due to be quizzed on Tuesday (today).

It will be recalled that conflicting court orders trailed the Local Government Area election that was held in Rivers State recently.

While the court in Abuja barred security agencies from participating in the electoral process, another court in the state gave the nod for the election to be held, even as it ordered the provision of security for the exercise.

Likewise, while the court in Abuja recognized the Martins Amaewhule-led faction of the Rivers State House of Assembly loyal to the Minister of the Federal Capital Territory and immediate past governor of the state, Nyesom Wike, on the other hand, a high court in the state gave the faction led by Victor Oko-Jumbo, who are on the side of governor Siminalayi Fubara, the legal imprimatur to continue to conduct legislative affairs of the state.

The current crisis in Rivers State can be traced back to a landmark Supreme Court ruling on July 11, 2024, which declared unconstitutional the practice of state governors withholding funds allocated for local government administration.

In the lead judgment, Justice Emmanuel Agim emphasized that the 774 local government councils in Nigeria must manage their funds, warning that any deviation from this would constitute “gross misconduct.”

The ruling was widely celebrated as a victory for local governance and transparency.

In response to the Supreme Court’s decision, the Federal Government issued a 90-day ultimatum to state governors, requiring them to comply with the ruling or face the withholding of funds meant for their local governments.

The ultimatum set off a flurry of activity in states where local councils were not democratically elected, as governors rushed to organize elections in compliance with the court’s decision.

In Rivers State, the preparation for local elections quickly became a flashpoint for legal and political conflict.

The All Progressives Congress filed a lawsuit in the Federal High Court in Abuja, seeking to delay the elections until the Rivers State Independent Electoral Commission fulfilled certain legal requirements.

The lawsuit, marked FHC/ABJ/CS/987/2024, aimed to prevent the local council elections scheduled for October 5, 2024, from proceeding without proper legal safeguards.

At the same time, another political party, the Action Peoples Party filed a separate suit in the Rivers State High Court, demanding that the election proceed on schedule.

The lawsuit, marked PHC/2696/CS/2024, sought to compel the Rivers State Government and RSIEC to hold the local elections on October 5, as originally planned.

Justice Igwe of the Rivers State High Court ruled in favour of the APP, ordering the state government to proceed with the election and directing the Independent National Electoral Commission to release the voter register to RSIEC.

However, just days before the election, Justice Peter Lifu of the Federal High Court in Abuja issued a conflicting ruling.

His judgment barred the Nigeria Police Force and other security agencies from providing security for the election and prohibited INEC from releasing the voter register to RSIEC until certain conditions were met.

The conflicting orders then threw the state into disarray, with political factions aligning themselves with the rulings that best serve their interests.