FHC CJ, Others Face Probe Panel Over Conflicting Orders on Rivers

*As Imo CJ faces alleged age falsification panel

Alex Enumah in Abuja

The Chief Judge of the Federal High Court, Justice John Tsoho, Justice Peter Lifu of the Federal High Court, Abuja, and his counterpart in the Rivers State High Court, Justice I. Igwe, are among judges to appear before a committee set up to probe issues of conflicting and contradictory court orders in respect of court cases involving Rivers State.

The committee chaired by a former Supreme Court Justice, Rhodes-Vivour (Rtd ) is expected to commence sitting from Tuesday.

Meanwhile, another panel chaired by a retired judge of the appellate court is also expected to investigate the Imo State Chief Judge, Justice Theresa Chikeka on alleged age falsification.

Following the worrisome situation the Rivers issue has generated, it was learnt that the CJN, who is the chairman of the National Judicial Council (NJC), decided to invite the affected judges including the head of the Federal High Court, whose court has been on the spotlight for sometime now.

Earlier in the month, THISDAY reported that the national body for the discipline of judges may summon the judges to explain themselves in respect of contradictory and conflicting court orders issued to the Independent National Electoral Commission (INEC) and security agencies, in the October 5, Local Government (LG) elections in Rivers State.

Their invitation it was learnt was following a petition written against them to the NJC.

While Justice Igwe had in a suit brought by the All People’s Party (APP) 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 to the contrary.

The two conflicting orders had nearly led to a 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.

Besides, three LG secretariats were raised by people protesting against the conduct of the LG polls.

The arsonists were 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 on October 5, 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, wrote 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.

However, a source informed Thisday that the CJN on her own decided to invite the judges, following the negative impression the Rivers matters is giving the judiciary.

Besides the LG polls, the Rivers Assembly is another matter tearing the state and litigants apart. While the Rivers government has refused to recognize 27 Pro-Wike lawmakers as legislators following their alleged defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC), the court on the other hand held that the alleged defectors are the legitimate lawmakers that the state must deal with.

Last Friday, there was a heated court session before Justice Joyce Abdulmalik of a Federal High Court in Abuja, as lawyers representing Governor Siminalayi Fubara and the state government asked her to recuse herself from the case over allegations of bias.

The judge refused and also turned down request of the Rivers Assembly led by RT Hon Edison Ehie to be joined as an interested party. In addition, Justice Abdulmalik also refused to grant the application of the chairman of Obiakpo LGA, while she went ahead to reserve judgement in the suit seeking to withhold federal allocations to Rivers State.

The decision of the court has led some militants in the Niger Delta area threatening to bomb oil facilities in the area of according to them, Wike was allowed to have his way through the courts.

Besides militants and some members of the public, a radical professor of law, Chidi Odinkalu, has been consistent in attacking the courts over the Rivers matters and other matters in the country generally.

To arrest the situation and bring peace in the state as well as the nation, the CJN has therefore summoned the affected judges as well as the CJ of the Federal High Court to appear before the committee on conflicting and contradictory court orders.

The committee which includes two other heads of courts is expected to send its report this week, following which the NJC will then meet and take necessary disciplinary actions against anyone found guilty.

Similarly, the committee investigating alleged age falsification against the Imo State CJ, Justice Theresa Chikeka, is also expected to submit their own report within the week.

This learnt that the CJN decided to put the matter to rest once and for all, so as to redeem the image of the Judiciary.

Justice Chikeka is being accused of having three separate dates of birth. According to a source at the NJC, the date of birth the CJ claimed when she joined the judiciary in Borno state was different from the one she submitted to the Imo State judiciary and the one in the NJC record.

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 bartered 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.