Justice John Tsoho, Chief Judge of the Federal High Court has been urged to investigate the alleged secret ex-parte order stopping the Independent National Electoral Commission (INEC), from conducting fresh elections to fill the seats of the Rivers state lawmakers.
Recall that 27 lawmakers from Rivers state recently decamped from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), a development that led to their suspension.
Also recall that the Rivers State High Court had also ordered that a fresh election be conducted to fill the seats of the lawmakers.
However, controversy trailing the crisis in Rivers on Monday took a different turn, when a group, under the aegis of Lawyers In Defence of Democracy, called on the Chief Judge of the Federal High Court, Justice John Tsoho, to investigate the alleged secret ex-parte order issued on friday.
Leading the group at a briefing, Barrister Okere Kingdom Nnamdi called on the Chief Judge of the Federal High Court to order a full scale investigation into the process that led to the issuance of the ex-parte order.
According to him, the investigation is necessary in order not to soil the reputation of the judiciary.
He said: “We’ve done so much in the defence of this democracy and we will continue to do everything within the ambit of the law to defend this democracy.
“I know the workings of the court, the application was filed last week Wednesday and it was hurriedly assigned between the day it was filed and last Friday.
“One interesting thing I want the media to know is that there is a twist to what we saw in the media. The Registrar in the court has confirmed that the application was filed and that it was brought before their court. He added that the ruling was delivered on Friday.
Asking what the urgency in that matter is, Nnamdi noted that the application was filed on Wednesday and the Justice sat on the same that day and delivered a ruling on it?
“We have applied for the certified true copy of the order and paid and we are going to pursue this matter to a logical conclusion.
“We are calling on the Chief Judge of the Federal High Court to investigate the order. This Nigeria cannot be taken by politicians into their pockets.
“The Federal High Court has a reputation, this kind of applications are often seen in other courts. You can rarely see this kind of application in the Federal High Court because it has a reputation.
“The Chief Judge of the Federal High Court must look into how this case was filed,” he said.
He asked how the case got to a particular court and how the Registrar claimed that they sat on Friday, “whereas, what we gathered yesterday was that the ruling was going to be delivered today.
“This calls for urgent and thorough investigation. We are challenging the Chief Judge of the Federal High Court to maintain the integrity of the court. We are also calling on the NJC to look into the matter very critically. Democracy must be sustained and firmly rooted in this country and as lawyers in defence of democracy, this is not the first time we are intervening on issues like this whenever we observe illegalities coming up.
“These people who have come to file this application, as we speak, are not members of Rivers State House of Assembly in the eyes of the law. The Rivers State House of Assembly has invoked the constitutional provision of Section 109(1) (g) of the 1999 Constitution. Until that section is expunged, the law remains. In the eyes of the law, the former Speaker and his other colleagues are former members of the Rivers State House of Assembly. They should go to the Court of Appeal to challenge the decision of the Rivers State High Court.
“The Rivers State High Court and the Federal High Court have coordinate jurisdiction, they should approach the Court of Appeal to set aside the decision of the state high court and not the Federal High Court.
“The Independent National Electoral Commission (INEC) has been notified that they have been suspended.
“By coming here to get an order, we will be making mockery of the judiciary and we can’t be making mockery of the judiciary. We’re advising them to go to the Court of Appeal and appeal the decision of the state high court.
“Rivers State High Court and the Federal High Court have equal powers, the 26 lawmakers should go on appeal and not destroy the reputation of the federal high court. They should go to the Appeal Court and challenge the procedure that suspended them.”
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