LAGOS, Federal Republic of Nigeria. Judge Ibrahim Buba of the Federal High Court sitting in Lagos, on Wednesday, refused an ex parte application to stop the chief judge of Bayelsa state, Justice Kate Abiru, from swearing in the Rivers state governor-elect Nyesom Wike, on May 29.
Justice Ibrahim Buba, while turning down the application, said granting such would amount to adding insult to the injury of the people of Rivers State, who currently have no judiciary.
The judge held that though the applicants had a meritorious cause of action because the issues bordered on the sanctity of the constitution, granting 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,” Buba held.
The applicants are three Lagos-based legal practitioners: Monday Ubani, John Nwokwu, and Gabriel Okoro.
Respondents in the suit marked FHC/L/CS/769/2015 were the Attorney-General of the Federation Mr Mohammed Adoke, Bayelsa state Chief Judge Justice Abiru, and Nyesom Wike.
The plaintiffs are contending that Nyesom Wike cannot be sworn in by Justice Abiru because the constitution only allowed the chief judge of the state or the President of the Customary Court of Appeal of Rivers state to do so.
Adoke had, in a press statement on May 19, requested Abiru to swear in Wike on May 29, because Rivers state currently has no substantive chief judge.
Adoke had reportedly said it was to avert a likely constitutional crisis in the state.
He said the directive was in line with the constitution and urged the citizens to take note and respect it.
Nwokwu, who deposed to a 25-paragraph affidavit in support of the ex parte application, however, claimed that Adoke’s directive was already causing public confusion and uncertainty in the country.
The applicants, therefore, sought an order restraining the second defendant from administering the oath of office on the third respondent on the basis of the directive of the first respondent and to stay all actions pending the determination of the substantive suit.
Credit: Tribune (Nigeria)
