The Chief Justice of Nigeria (CJN), Justice Tanko Muhammad, recently summoned six Chief Judges of the states where conflicting ex-parte orders by courts of coordinate jurisdiction are in vogue. The action, the CJN said, had become compelling, “having regard to earlier NJC warning to judicial officers on the need to be circumspect in granting ex parte applications.” The states are Anambra, Cross River, Imo, Jigawa, Kebbi and Rivers. There are reports that the National Judicial Council (NJC) might wade into the matter soon.
Conflicting judgements by courts of coordinate jurisdiction is particularly prevalent in election or party matters. Not only is it an abuse of the court process, but also it erodes the confidence of the people in the judiciary. These had trailed the leadership tussle in the Peoples Democratic Party (PDP). A High Court in Rivers State had ordered Prince Uche Secondus to stop parading himself as the National Chairman of the party. A few days after this order, another court of coordinate jurisdiction in Kebbi State gave a counter order granting stay of execution on the earlier order.
In the case of the recent governorship primary election of the All Progressives Grand Alliance (APGA) in Anambra State, political gladiators obtained different judgments from the High Courts in Jigawa, Imo and Anambra to the dismay and embarrassment of judicial observers in Nigeria. It was such that a Justice of the Appeal Court, Awka Division, Hon. Justice Chioma Nwosu-Iheme, condemned the turn of events. She lambasted Justices Musa Ubale and B.C. Iheka of the Jigawa and Imo State High Courts, saying they contravened Supreme Court warning against flouting territorial jurisdictions. While slamming politicians who go round the country shopping for favourable judgements, Justice Nwosu-Iheme urged the NJC to sanction judges and the lawyers who file the cases before them.
Forum shopping has been a characteristic of our election matters. In 2011, courts of coordinate jurisdiction bombarded the Independent National Electoral Commission (INEC) with conflicting ex parte orders. It was the then CJN who intervened to save the situation. Between May and July 2016, courts of coordinate jurisdiction served INEC six conflicting judgements and orders in a leadership crisis in one of the political parties. In the run-up to the 2019 general election, the Chairman of INEC, Professor Mahmood Yakubu, lamented the spate of conflicting judgements by courts of coordinate jurisdiction on electoral cases in the country. He called on the then CJN, Justice Walter Onnoghen, to address the problem. He said the matter made the work of the Commission very difficult and created negative perception for INEC and the judiciary.
This practice can destroy the foundation of our democracy and the rule of law if care is not taken. It has affected the INEC’s final list in the November 6 governorship poll in Anambra State. It has also affected campaigns for the election in the state.
Conflicting rulings make mockery of the maxim that judiciary is the last hope of the common man. It brings disrepute to our judiciary. The Nigerian Bar Association (NBA) described it as “antithetical to the actualisation of the just society and independent judiciary that we all aspire to, and they run contrary to everything we teach and hold dear as a profession. Indeed, they do nothing but bring the judiciary and the entire system of administration of justice to ridicule.” In a recent statement, the NBA President, Olumide Akpata, said the NBA as the prime defender of the integrity and independence of the judiciary would not be a spectator while our hard-earned democracy was threatened by the venal acts of a few.
Sanity must be restored in the Nigerian judiciary. We commend the CJN for taking the right steps by summoning the Chief Judges of the states involved in the current abuse of court process. He should ensure that the erring judges are punished.
The NJC should wade into the matter and discipline all erring judges as it has done in the past. The Council, for instance, sanctioned such judges as Stanley Nnaji of the Enugu State High Court and Wilson Egbo-Egbo for some professional misconduct in the past.
To save our democracy, the Chief Judges of states must also rise up against this ugly trend. They should compel judicial officers not to abuse their oath of office. Besides, judges must maintain the integrity and high moral standing expected of them. This is the only way they can earn the respect and confidence of members of the public. Never again should we desecrate the temple of justice with conflicting judgments.
Above all, the need for a comprehensive reform of the justice system has become inevitable. With a sanitised and reformed judiciary, the intrigues and forum shopping by politicians will be a nullity.