Justice Ibrahim Buba of the Federal High Court in Lagos yesterday declined to issue an ex parte application to stop the chief judge of Bayelsa State, Justice Kate Abiri, from swearing in the Rivers State governor-elect, Chief Nyesom Wike, on May 29, 2015.
According to Justice
Ibrahim Buba, granting such an application would amount to “adding insult upon
the injury” of the people of Rivers State, who currently “have no judiciary.”
The court also held
that though the applicants had a meritorious cause of action because the issues
bordered on the sanctity of the constitution, granting their ex parte
application may occasion a state of anarchy in Rivers State.
“I am of the firm
view that no court should make the order ex parte to further compound the
problems in Rivers State,” the judge stated.
In the suit filed by
three Lagos lawyers; Monday Ubani, John Nwokwu and Gabriel Okoro, the
plaintiffs argued that Justice Abiri cannot swear Wike in because the
constitution only allows the chief judge of the state or the president of the
Customary Court of Appeal of Rivers State to do so.
Joined as respondents
in the suit marked FHC/L/CS/769/2015 are the attorney general of the
federation, Mohammed Adoke (SAN), Bayelsa CJ, Justice Abiri and Wike.
It will be recalled
that Adoke had, in a press statement issued on May 19, directed Abiri to swear
in Wike on May 29, since Rivers State currently has no substantive chief judge.
The minister said it
was to avert a likely constitutional crisis in Rivers State and that the
directive was in line with the constitution and urged the citizens to take note
and respect it.
But in a 25-paragraph
affidavit in support of the ex parte application deposed to by Nwokwu, the
applicants claimed that Adoke’s directive “is already causing public confusion
and uncertainty in the country.”
The applicants
therefore sought an order “restraining the 2nd defendant from administering the
oath of office on the 3rd respondent on the basis of the directive of the 1st
respondent and to stay all actions pending the determination of the substantive
suit.”
In the alternative,
they wanted the court to make an order “restraining the defendants whether by
themselves, agents, servants and privies from taking any further steps in
connection with the matter pending determination.”
They had claimed that
it would be in the interest of justice to grant the ex parte application.
Justice Buba,
however, refused it, saying “we cannot all be shallow or be shallow-minded.
There shall be no room for anarchy.”
The court has
adjourned further hearing in the matter till June 29 to hear the motion on
notice.
Leadership
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