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MIXED REACTIONS TRAIL CONFLICTING COURT ORDERS IN RIVERS
Conflicting orders and ex parte injunctions by judges of courts with coordinate powers and jurisdiction in same matters, especially politically sensitive cases have been a source of discourse over time; the recent happenings in Rivers State have, however, made the issue a cause for concern.
Legal practitioners, while holding a consensus that it is bad for the integrity of the judiciary, however, have diverse reasons for such happenings and why judges cannot be blamed.
The conflicting court orders that arose from the local government election in Rivers State from the Federal High Court and the Rivers State High Court have continued to elicit mixed reactions among legal practitioners in Nigeria. While there was a consensus that conflicting orders are not good for the nation’s judiciary and the democracy, some hold that in spite of this, the judiciary cannot be blamed for ruling on facts before it.
It will be recalled that Justice I. Igwe of Rivers State High Court ordered the Rivers State Independent Electoral Commission (RSIEC) to conduct the forthcoming local government elections in the state, using the 2023 voters’ register compiled by INEC and mandated the Nigeria Police Force, and the Nigeria Security and Civil Defence Force to provide necessary protection during the election process while Justice Peter Lifu of a Federal High Court sitting in Abuja, six days before the conduct of the Rivers State local government election, restrained INEC from releasing voters’ register to the Rivers State Independent Electoral Commission, (RSIEC), to conduct the October 5, 2024 local government election in the state.
Justice Igwe in his September 4, 2024 ruling, said the defendants are bound by Section 7 (1) of the Constitution and Section 5 (A) of the RSIEC Law Number 2 of 2018 to make provisions and conduct the local government polls within the shortest possible time, especially following the expiration of the tenure of the former elected officials on June 17.
The court also cited as a necessity, the recent decision of the Federal Government mandating states without democratically elected local governments to do so within three months, following the judgment of the Supreme Court on local government autonomy. The Court urged that all necessary arrangements be made to ensure the conduct of the election on October 5, 2024, as announced by RSIEC.
Justice Lifu on his part, six days before the conduct of the election, restrained the Independent National Electoral Commission, (INEC), from releasing voters’ registers to the Rivers State Independent Electoral Commission, (RSIEC), to conduct the local government election in the state.
The court also barred the Inspector General of Police (IGP) and the Department of the State Service (DSS) from participating and providing security for the conduct of the local government area election.
Justice Lifu issued the order while delivering judgment in a suit brought before him by the All Progressives Congress (APC) challenging the legality or otherwise of the processes leading to the fixing of October 5, 2024 for the election.
The police complied with the Federal High Court order and discarded that of Rivers State High Court, leading to controversy and widespread criticisms, with stakeholders condemning the act and warning of dire consequences for the polity.
Former president Goodluck Jonathan while reacting to the development called on political actors, security agencies, and judiciary to avoid actions that could escalate the ongoing political tension in Rivers State, expressing concern about the political situation in the state and urging all parties to prioritise peace and the stability of democracy.
“The political happenings in Rivers State over the past few days are a cause for serious concern for everyone, especially lovers of democracy and all actors within the peace and security sector of our nation,” he said.
He further called on the National Judicial Council to take decisive action against the proliferation of conflicting court orders, particularly those involving concurrent jurisdictions as unchecked judicial interference could damage the judiciary’s credibility and undermine democracy.
He said the proliferation of conflicting court orders is ridiculing the judiciary and derailing democracy.
“I am calling on the National Judicial Commission (NJC) to take action that will curb the proliferation of court orders and judgments, especially those of concurrent jurisdiction giving conflicting orders.
“This, if not checked, will ridicule the institution of the judiciary and derail our democracy,” Mr Jonathan said in a statement posted on his X handle.
Also, the Human Rights Writers Association of Nigeria (HURIWA) expressed deep concern over the increasing issuance of frivolous court orders and ex parte injunctions by judges, particularly in politically sensitive cases.
