As controversy over the suspension of 26 lawmakers in the Rivers State House of Assembly took a new turn yesterday, Lawyers In Defence of Democracy, has called for investigation in the alleged ex-parte order stopping the Independent National Electoral Commission, INEC, from conducting fresh election to fill the seats of the lawmakers.
The group is calling on the Chief Judge of the Federal High Court, Justice John Tsoho, to investigate the alleged secrete ex-parte order issued on friday by Justice Donatus Okorowo.Last week, four lawmakers in the Rivers State House of Assembly suspended 26 other members of the House.
The Rivers State High Court also ordered that a fresh election should be conducted to fill the seats of the 26 lawmakers.
But there was a new twist into the controversy yesterday, when a group lawyers who stormed the court discovered how Justice Okorowo, issued a fresh on December 15, restraining INEC from conducting fresh election to fill the seats of the suspended lawmakers.
Barrister Okere Kingdom Nnamdi leading a group Concerned of Lawyers in Defence of Democracy at a briefing however called on the Chief Judge if the Federal High Court to order full scale investigation into thr process that led to the issuance of the ex-parte order .
According to him, the investigation is necessary in order not to soil the reputation of the judiciary. He said, “We’ve done so much in the defence of this democracy and we will continue to do everything within the am bit of the law to defend this democracy. “We gathered that there is going to be a ruling Justice Donatus Okorowo, on Monday, 18th December, 2023 and that they intercepted the information. “I know the workings of the court, the application was filed last week Wednesday and it was hurriedly assigned between the day it was filed and last Friday to Justice Okorowo and ruling is expected to be delivered today, December 18.” One interesting thing I want the media to know is that, there is a twist to what we saw in the media.
The Registrar in the court of Justice Okorowo has confirmed that the application was filed and that it was brought before their court. He added that the ruling was delivered on Friday. “The question we are asking this morning is, what is the urgency in that matter. Why will such application be filed on Wednesday, got to Justice Okorowo on Friday and sat on same that day and deliver ruling on it? “We have applied for the certified true copy of the order and paid and we are going to pursue this matter to logical conclusion.
“We are calling on the Chief Judge of the Federal High Court to investigate the order said to have been given by Justice Okorowo. This Nigeria cannot be taken bum politicians into their pockets. “This is not Federal High Court of Wike, if he has pocketed everyone, he can’t pocket the Federal High Court.”Federal High Court has reputation, this kind of applications are often seen in other courts. You can rarely see this kind of application in the Federal High Court because it has reputation. “The Chief Judge of the Federal High Court must look into how this case was filed, how it got to Justice Okorowo’s Court and how his Registrar claimed that they sat on Friday, whereas, what we gathered yesterday was that the ruling was going to be delivered today.
“This calls for urgent and thorough investigation. We are challenging the Chief Judge of the Federal High Court to maintain the integrity of the court. We are also calling on the NJC toook into the matter very critically.
Democracy must be sustained and firmly rooted in this country and as lawyers in defence of democracy, this is not the first time. We are intervening in issues like this whenever we observe illegalities coming up. “These people who have come to file this application, as we speak are not members of Rivers State House of Assembly in the eyes of the law.
The Rivers State House of Assembly has invoked the constitutional provision of Section 109(1) (g) of the 1999 Constitution. Until that section is expunged, the law remains. In the eyes of the law, the former Speaker and his other colleagues are former members of rye Rivers State House of Assembly.
They should go to the Court of Appeal to challenge the decision of the Rivers State High Court. “The Rivers State High Court and the Federal High Court have co-ordinate jurisdiction, they should approach the Court of Appeal to set aside the decision of the state high court and not Federal High Court. “The Independent National Electoral Commission, INEC, has been notified that they have been suspended.
“By coming here to get an other, we will be making mockery of the judiciary amd we can’t be making mockery of the judiciary. We are advising them to go to Court of Appeal and appeal the decision of the state high court. “Rivers State High Court and the Federal High Court have equal, powers, the 26 lawmakers should go on appeal and not destroy the reputation of the federal high court.
They should go to the Appeal Court amd challenge the procedure that suspended them.”
