New CJN Watches As Fubara, Wike Put Judiciary On Trial

• Abuja, PH Courts Bend Towards Wike, Fubara
• Fubara: Nobody Can Stop October 5 LG Elections

With just a few days to the October 5 local government elections in Rivers State, the two contending political blocs loyal to the FCT Minister, Nyesom Wike and the state governor, Sim Fubara have turned the courts to a laughing stock.

In Abuja, Wike and his men are seen to have taken control of federal high courts, while Fubara, expectedly, has got a firm grip of the state high court.

In all of this, the new Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun who boasted last week that she would deal with judges who issue what has been described as black market court orders would be dealt with, seems not to be hearing of what is going on in Abuja and Port Harcourt.

Nigerians have been forced to castigate the judiciary. On Monday, a federal high court in Abuja had ordered that security agencies should not provide security for the state electoral commission as they plan to conduct the election on October 5.

The order came after a high court in the state had ordered RISIEC to make use of the 2023 voters’ register which the chairman Justice Adolphus Enebeli claimed he collected since last year from INEC, for the exercise.

A lawyer, Inalegwu Desmond Ochai, has however given his angle of legal interpretation to the conflicting orders emanating from two courts of coordinate jurisdiction.

He wrote: “Of recent there have been two orders of injunction issued by the Federal High Court in Abuja and the High Court of Rivers State against the Rivers State Independent Electoral Commission. It is necessary to put the two orders in proper perspective.

1.The Orders – The first order was issued by Hon. Justice Lifu of the Federal High Court, Abuja restraining the Independent National Electoral Commission from releasing the Register of Voters in Rivers State. The order did not restrain RSIEC from conducting election with any register produced by INEC. On the other hand, the second order was issued by Hon. Justice Igwe of the High Court of Rivers State mandating and directing INEC to conduct the forthcoming Local Government Election with the 2023 Register of Voters. This is in line with constitutional and statutory powers of RSIEC.

2.Subject Matter (Res) – It is to be noted that the subject matter of an order as at the day it is made is what would govern the interpretation of the order. The subject matter of the order of Lifu, J. is release of the INEC Register at the time the order is made. It means from that day INEC is restrained from releasing the Register unless the order is vacated or overruled by a higher court. That does not affect any earlier release of the register by INEC to RSIEC.

So if RSIEC already had the Register it means that the application and order came too late. The subject matter of the order by Igwe, J. is the conduct of the election by RSIEC with the Register it already has in its possession. The order directs the Commission to perform its statutory duty by what it already has.

3.Reconciling the Orders – From the foregoing it becomes clear that there is no conflict with the orders. If RSIEC did not have any register issued by INEC before the order of Justice Lifu, it means that it would be impossible for it to conduct any election with a Voters Register. But if it already has any register, such as the 2023 Register of Voters it means that it can go ahead with the election but that no person whose name is not in that register can vote.

Incidentally, since after the 2023 General election INEC has not conducted any other general voters’ registration which means that no registered voter can be deprived of the exercise of his right. In the circumstances, the order of Igwe, J. which is very competently within the State High Court’s jurisdiction, is valid and RSIEC is thereby further strengthened to conduct the election even though it was not needed for the Commission to conduct the election.

4. This is the position of the Law as it concerns the matter of injunction issued by Hon Justices Lifu and Igwe of the Federal High Court and Rivers State High court respectively.

Meanwhile, Fubara, has assured that the scheduled Local Government Election will be conducted on the 5th October, 2024 because there is no encumbrance known to law to stop the process.

He urged political parties and candidates contesting for various positions

in the election and the electorate to be enthusiastic as they prepare to vote their preferred candidates that will become the new political leaders at the council level.

Governor Fubara gave the assurance shortly after an inspection tour round some sections of the 12.5km N225.1billion Trans-Kalabari Road project on Monday.

The project is under construction, beginning from the Nkpor-Aker Road Roundabout in Rumuolumeni community in Obio/Akpor Local Government Area, and is connecting Bakana community by over-bridge across the seas and other communities in Kalabari land.

Commenting on the Trans-Kalabari Road project, Governor Fubara: “We are in Rumuolumeni, which is the starting point of the Trans-Kalabari Road. If you remember when we came to flag off this project, it is a project that will connect the Tombia people to the city.

“So, we just came for inspection to see the progress of the job. I can say I am not too impressed, but considering the terrain, it is not a normal strong land where you just go clean the earth and just lay your asphalt. 

“But I have told them that I need more speed because this project is very important project for me. As a matter of fact, I see it as one of my legacy projects. It is important that I achieve it before we complete our tenure,” he added.

Fubara also visited the complex of the Rivers State Independent Electoral Commission (RSIEC) where he interacted with the chairman of the commission and other principal staff. 

He said: “Our election will hold on the 5th of October, 2024. I’m aware that RSIEC told me that they already had an order mandating them to conduct the election on the 5th October, 2024, and the security agencies to support them. 

“So, I think with that order, the election will hold. I might not be a lawyer but I know there is something they call first-in-hand, and since they have the first-in- hand, we will give them all the necessary support for that election to be conducted. And it will be one of the best elections ever conducted free and fair in this State.”

Addressing RSIEC staff, Governor Fubara said he has been inundated with rumours of plans by some misguided fellows to disrupt activities at the commission, and warned such persons to retrace their steps.

Fubara said “what is important to me is the interest of Rivers State, that it has to be alive. It doesn’t belong to anybody. I don’t care who nominated you but do the right thing, that is what is important to me, because if we make a mistake today, it is going to live with us forever.

“Nobody has a right to come here. This is Rivers State Independent Electoral Commission. It belongs to Rivers State, and I am the governor. So, if there is anything, let me know, I will come here myself.”