CJN’s Relentless War against Reckless Exparte Orders

But for the timely intervention of the Chief Justice of Nigeria, Justice Tanko Muhammad, the increasing reckless issuance of injunctions upon ex-parte applications by some courts across the country would have truncated 2023 elections, writes Alex Enumah

“The legal profession should indeed take the lead in all human affairs. However, the lead is at a price. We cannot take the lead when our courts issue ex-parte orders recklessly. We cannot take the lead when many litigants with support of their counsel engage in forum shopping. We cannot take the lead when counsel files a case before a court that they know lacks jurisdiction and the Judge proceeds to hear the case. We cannot take the lead when counsel files frivolous cases in our courts just for nuisance value or to buy time,” said the Chief Justice of Nigeria (CJN), Justice Ibrahim Tanko Muhammad

There is no better way to express his worry and to also get the buy-in of lawyers and judges on the urgent need to rescue and preserve the nation’s hard-earned democracy that is fast threatened by what the CJN himself described as reckless exparte orders.

Between June and August this year, several orders and counter orders were issued against the Independent National Electoral Commission (INEC), political parties and their candidates, particularly as it relates to the November 6 governorship election in Anambra State.

For example, in the case of the All Progressives Grand Alliance (APGA), a former Central Bank of Nigeria (CBN) Governor, Prof. Chukwuma Soludo had had a running battle with Mr. Chukwuma Umeoji, a factional candidate of the party.

The litigations were tied to who is the authentic Chairman of APGA in Anambra State among the trio of Chief Victor Oye, Chief Njoku and Jude Okeke.

Meanwhile, judges in Anambra, Jigawa, Imo and Abuja had intervened in the matter causing INEC to at various times list and delist both Soludo and Umeoji as candidate of APGA, until the matter was recently resolved by the Supreme Court in favour of Soludo.

The electoral umpire had on July 16 published the name of Umeoji as the APGA candidate following an order by the Jigawa State High Court on June 28.

On July 18, Justice Charles Okaa of Anambra State High Court directed INEC to publish Soludo’s name as APGA’s candidate.

Meanwhile Justice Iheka of the Imo state High Court again ordered INEC to publish Umeoji’s name.

Similarly, in August within a space of one week, three injunctive orders were issued by courts of coordinate jurisdiction in respect of the chairman of the Peoples Democratic Party (PDP), Prince Uche Secondus.

While Justice O. Gbasam of a High Court of Rivers State, had on August 23, 2021 issued an order of interim injunction restraining Secondus from carrying on as Chairman of the PDP, pending the hearing and determination of a suit challenging his continued stay in office, Justice Nusirat Umar of the Kebbi State High Court had issued another order on Secondus to return to his position as the National Chairman on August 26.

But before Secondus could obey the latest order, Justice Edem Kooffreh of a Cross River State High Court on August 28, restrained him from resuming office.

The amusing thing about all the orders is that they were not only issued by Courts of Coordinate jurisdiction but were all based on exparte applications.

The CJN lamented the condescending state to which lawyers all in the bid to please their clients, mainly politicians through the support of their collaborating judges, have dragged the nation’s judiciary into.

He warned that if the ministers in the temple of justice do not retreat and retrace their steps, they will not only bring ruin upon themselves but the entire nation.

Speaking at the swearing in of Justice Hussein Baba-Yusuf as the substantive Chief Judge (CJ) of the Federal Capital Territory (FCT) High Court, on Tuesday in Abuja, the CJN called on both the bench and the bar to not only do self-assessment, but also self-cleansing in order to salvage the situation. According to Justice Muhammad, “All hands must, therefore, be on deck from both the Bar and the Bench to rid the legal profession of bad eggs,” adding that in recent times, he had cause, in a number of occasions to warn Judges to desist from engaging themselves in unwholesome practices that will erode public confidence in the administration of justice.

Of a truth, it was not the first time the CJN expressed displeasure over the manner at which judges particularly of the High Court dish out restraining orders as if the orders were for cash-and-carry or for the highest bidder.

Since assuming the office of Chief Justice of Nigeria, Muhammad had at every occasion and every opportunity harped on the need for judges to stay above board and not do anything that would bring the courts and the judiciary to ridicule and disrepute.

However, when it appeared that those advice and warnings seemed to be falling on deaf ears, the CJN like a man on a mission determined to leave an indelible mark in the judiciary and nation in August this year summoned Chief Judges of six different High Courts across the federation.

The letter of invitation to the heads of court dated August 30 read in part “My attention has been drawn to media reports to the effect that some Courts of coordinate jurisdiction were granting conflicting Exparte Orders on the same subject matter.

“It has become expedient for me to invite you for a detailed briefing on the development.

“This is even more compelling having regard to earlier NJC Warning to judicial officers on the need to be circumspect in granting Exparte applications’ ‘.

Specifically, the six CJs were to explain to him the rationale behind the reckless granting of restraining orders by judges in their jurisdictions.

From the tone of the letter, it was obvious that the CJN was not only worried but also bitter over the development, which sources around the CJN noted has become a huge embarrassment on the Nigerian judiciary and the country at large.

The response of the CJs then led to the recommendation of three judges for probe over their granting of interlocutory injunctions not mainly on exparte applications but in matters it was obvious they have no jurisdiction.

A statement by the Director Information, NJC, Mr Soji Oye dated September 17, 2021 read in part, “ The National Judicial Council under the Chairmanship of the Chief Justice of Nigeria, Justice I. T. Muhammad, at its 95th Meeting held on September 15 and 16, 2021, in line with the principles of fair hearing, has directed the three Judges of coordinate jurisdiction who granted Exparte Orders over the same case with the same subject matter to appear before a special Investigation Committee constituted by the Council in order to show cause why disciplinary action should not be taken against them for such act”.

Few days before the probe committee was set up, the NJC had on September 12, referred an Upper Area Court judge to the Federal Capital Territory (FCT) Judicial Service Committee for investigation for summoning former Central Bank of Nigeria (CBN), Professor Chukwuma Soludo over alleged infractions of Code of Conduct for public officers, an issue said to be outside his jurisdiction.

The judge whose name was not made public had recently summoned Soludo to appear before him over alleged serial abuse of office and breach of Code of Conduct for public officers while in office between May 29, 2004 and May 29, 2009.

Trial on criminal charges on false declaration of assets is exclusively vested in the Code of Conduct Tribunal (CCT) but the Upper Area Court Judge assumed jurisdiction contrary to the provisions of the 1999 Constitution.

Like an official of the NJC noted, the judicial officers under probe risk compulsory retirement, dismissal or strong warning depending on the severity of their case, if found guilty.

No doubt, the effort of the CJN is worth commending. While on the one hand, he should be commended for marching words with action by ordering the probe of the judges for obvious professional misconduct, his action on the other hand has brought some reasonable sanity to political activities in the country.

Many have argued that were it not for the effort of the CJN, the courts would have been flooded by frivolous applications against candidates contesting in the Anambra governorship poll as well as even the conduct of the election itself. Since the summon of the six CJs and the subsequent order of probe of three judges, the number of exparte applications as well as their granting have reduced drastically. One will not be wrong to say that the fear of summoning is the beginning of wisdom for judges.

For example, Justice Tijjani Ringim, of the Federal High Court, Lagos had a few days ago turned down a request to stop the planned National Convention of the PDP slated for October 30 and 31. The judge rather than granting the exparte application ordered that the plaintiffs put the defendants on notice.

The suit marked: FHC/L/CS/1117/2021, was filed by Mr. Eddy Olafeso, Rashidi Sunmonu, Bunmi Jenyo, Daisi Akintan and Wahab Owokoniran with the PDP Acting National Chairman, Yemi Akinwonmi, Deputy National Chairman (North), Suleiman Nazif, National Secretary, Umar Tsauri, INEC and the Attorney General of the Federation as defendants.

Also, the Edo State judiciary did not hesitate to come out and refute media reports that one of its judges had issued a restraining order stopping the PDP National Vice Chairman, South South, Chief Dan Orbih from attending the forthcoming national convention. The Chief Registrar, Mr. H. O. Osawaru had in a disclaimer dated October 27, 2021 stated that the trial judge, Justice J. O. Okeaya-Inneh, only ordered that the applicants put the defendants on notice and that the defendants be served the originating summons through substituted means.

Although the leadership of the Nigerian Bar Association had condemned the role lawyers, particularly, Senior Advocates of Nigeria, play in the pursuit and obtaining of restraining orders, promising to bring to book any lawyer found to have brought the judiciary to disrepute, nothing however has been seen in this regard.

While the courts are beginning to regain the confidence of the public by now avoiding the indiscriminate granting of exparte order, it is expected that once lawyers toe the same part, the nation’s democracy would sooner than people expect begin to give hope to the citizens.