Conflicting Orders on Rivers LG Polls: NJC May Summon Justices Lifu, Igwe

Alex Enumah in Abuja

Any moment from now the leadership of the judiciary, the National Judicial Council (NJC) may invite Justice Peter Lifu of the Federal High Court in Abuja, and his counterpart in the Rivers State High Court, Justice I. Igwe, to explain themselves in respect of contradictory and conflicting court orders issued to the Independent National Electoral Commission (INEC) and security agencies, regarding the just concluded Local Government Area (LGA) elections in Rivers State.

The development following a petition written to the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, THISDAY learnt on Monday.

While Justice Igwe in a suit brought by the All People’s Party (APP) had ordered INEC to release the voter’ register used for the conduct of the 2023 general election to the Rivers State Independent Electoral Commission (RSIEC), for the purpose of conducting local government elections slated for October 5, Justice Lifu on the other hand ordered INEC not to release same register to the RSIEC until it has been updated.

Similarly, while Igwe in the September 5 judgement ordered security agencies to provide security during the LG polls, Lifu had ordered the contrary.

The two conflicting orders led to a near breakdown of law and order in the state before and during the elections as some thugs, factions of the All Progressives Congress (APC) and People’s Democratic Party (PDP), said to be loyal to the Minister of the Federal Capital Territory (FCT) and immediate past governor of Rivers State, Mr. Nyesom Wike, did everything to stop and frustrate the conduct of the poll, held last Saturday.

As at Monday, three LGA secretariats have been burnt by people protesting against the conduct of the LGA polls.

The arsonists are believed to have capitalized on the withdrawal of the police which have kept the 23 local government secretariats under lock and key for about three months.

Meanwhile, before the conduct of the polls last Saturday, many Nigerians, including former President Goodluck Jonathan had warned that the issue of conflicting court orders if not nipped in the bud could derail the country’s democracy.

However, following the filing of a petition, THISDAY learnt that the CJN, who is also the Chairman of the NJC, has already written to the two judges to give their sides of the story.

“The CJN has received a petition on conflicting orders of court of concurrent jurisdiction and a letter has been written to the concerned judges “, a source which pleaded anonymity told our correspondent.

According to the source, the letter was in line with the spirit of fair hearing.

“After they have stated their own sides then the NJC will now look into the matter and invite them where necessary “, the source added.

The spokesperson for the NJC, Mrs. Kemi Ogedengbe, declined to speak on the issue when contacted, stating the body would respond at the appropriate time.

Recall that few days back, shortly after she was sworn in as substantive CJN, Justice Kekere-Ekun had vowed to restore the dignity of the Judiciary, which has been battered by acts, though not limited to contrary and conflicting court orders.

The new CJN had remarked that the issue of “Forum shopping” by some lawyers is not only rampant, but, has often given rise to the emergence of conflicting orders by courts of coordinate jurisdiction.

“I would like to state clearly that henceforth, there will be consequences for any act of indiscretion that could bring the judiciary to disrepute. We have rules and ethics guiding the practice of our noble profession, and we must work assiduously to abide by them and always do what is right in the eye of the law.

“Under my leadership, the judiciary will adhere to the principles of honesty, transparency, and integrity. I call upon all judicial officers and members of the Bar to join me in achieving this goal”, she said.

However, barely a week after she stated this, Kekere-Ekun is confronted with the menace of conflicting court orders by court of coordinate jurisdiction.

Accusing the Inspector General IG) of Police, Mr. kayode Egbetokun, of taking sides with the FCT minister, the Rivers State Governor, Mr. Siminalayi Fubara, had vowed to proceed with the polls, adding that he would hold Egbetokun responsible for any breakdown of law and order in Rivers State.

Reacting to the development, former President Jonathan who regretted that the issue of conflicting court orders is ridiculing the judiciary and derailing democracy, called on the NJC to take immediate and drastic actions.

“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”, Jonathan said.

He stressed that, “if not checked”, the issue “will ridicule the institution of the judiciary and derail our democracy”.

While urging all political actors in the crisis to be circumspect and patriotic in the pursuit of their political ambition and relevance, Jonathan warned that, “The political situation in Rivers State, mirrors our past, the crisis of the Old Western Region. I, therefore, warn that Rivers should not be used as crystals that will form the block that will collapse our democracy.”

Besides the former president, the umbrella body for lawyers in the country raised concerns over the issue and particularly took a swipe on the police for deciding to abandon its constitutional duty of protection of lives and properties.

“The NBA has noted with particular interest the statement released by the Rivers State Police Public Relations Officer (PPRO), SP Grace Iringe-Koko, which indicates that the Rivers State Police will not provide security during the local government elections which held Saturday, October 5, 2024.

“The NBA has also read the disturbing report that some Policemen were alleged to have attempted cart away electoral materials in the dead of the Night at the Head office of Rivers State Independent Electoral Commission, RSIEC.

“We agree with the statement issued by the chairmen of NBA Branches as we find it deeply troubling that the Police would brazenly issue a statement that they would shirk their constitutional responsibility of providing security in Rivers State in purported compliance with an order of court.

“Even if a court has directed the police not to work with the Electoral Commission on Rivers State, nothing says the Police should not provide security for peace and order of Rivers State”, National President of the NBA, Mazi Afam Osigwe, SAN, had said.

In a statement released on Friday, the NBA President had noted that responsibility of the police to ensure peace and security is constitutional and “cannot be restrained by any court”, adding that the police should at all times provide security for the good people of Nigeria and should in fact “be worried if any court order purports to prevent them from discharging this responsibility”.

While stressing that the duty to secure the lives and property of the people is one that should never be restrained by the court, Osigwe stated that the police as much as all Nigerians should be concerned that such a statement should be issued by the police confirming they would abdicate their duty.

“The police must ensure they discharge their duties at all times and urgently take steps to set aside any judgement that seeks to prevent the Police from discharging their constitutional responsibilities. To do otherwise may enthrone a reign of terror or breakdown of law and order. The people of Rivers must never be left unprotected, no matter what.

“Any act or position that leave the people and their activities, unprotected is utterly unacceptable and strongly condemned by the Nigerian Bar Association”, the statement read in part.

It added that: “the assertion by the Rivers State Police, through the PPRO, that the Police will not provide security for the elections, if accurate, is an unfortunate abdication of responsibility and egregious violation of constitutional duties”.

According to the NBA the refusal to provide security is not only unconstitutional but also illegal, immoral, and a dangerous signal that invites lawlessness and undermines democracy.

The statement further stated: “It is in every sense, a direct attack on the democratic rights of the people of Rivers State and, by extension, Nigeria as a whole. In fact, it threatens our democracy.

“The Nigeria Police Force is constitutionally mandated to protect lives and property, and this duty extends to providing security during elections. Any failure to perform this obligation is unacceptable.

“The security of elections and indeed all other activities are not matters for negotiation. They are constitutional responsibilities that must be carried out by the police at all times. The Police should NEVER shirk such responsibilities”.

The Nigerian Bar Association further condemned in the strongest possible terms, “any attempt to undermine the scheduled elections in the 22 Local Government Areas of Rivers State by refusing to provide security. We will continue to closely monitor the situation as it unfolds.

“We call on all security agencies to rise to the challenge of protecting lives, property, and democracy during this critical time. Furthermore, we urge the Inspector General of Police to launch an immediate investigation into this troubling report that Policemen sought to cart away electoral materials and ensure that any errant officers involved are swiftly and appropriately disciplined, regardless of whose interests are affected”, the statement added.

Recall that Justice Lifu had in a judgement delivered on September 30, set aside all steps taking so far by the Rivers State Independent Electoral Commission (RSIEC) towards the conduct of the October 5 polls.

He subsequently restrained INEC from releasing the voters’ register used in the conduct of the 2023 general election to the Rivers SIEC, for the purpose of conducting the October 5, 2024 local government area elections in the state.

Besides, Justice Lifu also restrained the Inspector General (IG) of Police and the Department of State Service (DSS) and other security agencies from providing security for the said election.

His order had run contrary to an earlier order issued by Justice I. Igwe of the Rivers State High Court delivered on September 4.

In his judgement, Justice Igwe had held that the defendants are bound by Section 7, Subsection 1 of the Constitution and Section 5 (A) of 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.

Besides, Justice Igwe observed that the federal government has urged states without democratically elected local government to do so within three months, following the Supreme Court’s judgement on local government autonomy.

The Rivers High Court subsequently ordered that all necessary arrangements be made to ensure the conduct of the election on October 5, 2024, as announced by RSIEC.