2019: Judges barred from granting ex-parte orders

  • CJ: Candidates’ political cases must end by October
  • N’Assembly moves to review new electoral bill

The Chief Judge (CJ) of the Federal High Court, Justice Abdul Abdu- Kafarati, yesterday, stopped all the judges of the court across the country from granting ex-parte application in any election matter brought before them. The CJ equally directed that all pending political cases that could affect the opportunity of candidates to pursue their political ambitions should be concluded before the end of October. Justice Abdu-Karafati, who gave the directives during a special court session to mark the commencement of its 2018/2019 Legal Year, stated that the decisions were aimed “to forestall any hiccups and the blame of the court by the political gladiators.”

He revealed that a circular had already been issued to Judges, to the effect “that interim orders ex parte shall not be granted in political cases brought before the court.” The CJ said: “I believe that controversies, especially in political cases, can be reduced when the court takes a decision after hearing all the parties in the case. “It is also extremely important that all political cases that may affect any of the parties which are still pending in any of our courts be concluded without further waste of time to afford all candidates the opportunity to pursue their political ambitions.

“Honourable Judges, before whom such cases are still pending, must endeavour to conclude them before the end of October 2018. “I urge your Lordships to be wary in handling all cases and especially cases concerning political parties and the upcoming general elections. We should, again, use this court and the constitution to regulate our society for the good of our children and mankind. “I still believe that the judiciary remains the hope of all people, whether common or uncommon. “It is, therefore, your duty to ensure that the society is molded in accordance with the rule of law and the constitution. You must, therefore, administer justice without fear or favour.” In his speech, the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) urged the judiciary to remain neutral and impartial in the face of litigations that would trail the 2019 general elections. Malami, whose speech was read by the Solicitor General of the Federation, Dayo Apata, said the judiciary must always strike the appropriate balance between the personal rights of litigants and the overall good of society.

Malami said: “Today, our country faces serious political and constitutional challenges from different sectors, particularly due to the onset of political activities towards the 2019 general elections. “In view of its unique role as the arbiter of most legal disputes involving the Federal Government and its agencies, there is no doubt that this court will be increasingly required, in the next few months, to adjudicate on serious matters affecting the legal aspects of national issues.

“I trust that in this endeavour, you shall continue to dispense justice in a fair, impartial and courageous manner, as you have done over the years. “In light of the crucial constitutional mandate of this court and I urge the court to take urgent steps to facilitate the speedy dispensation of justice and engender greater public respect and confidence in the court. “In undertaking the above, permit me to suggest that our Judges must always strike the appropriate balance between the personal rights of litigants and the overall good of society, both of which can mutually co-exist.” The Nigerian Bar Association (NBA), through its President, Paul Usoro (SAN), decried what it termed as “rule of law degradation” in the country, saying there was need for the judiciary to maintain “eternal vigilance at all times.” The bar also implored Judges not to allow themselves and their courts to be dragged into “these murky waters of politics and, in the process, embarrass the Justice sub-sector.

“Beyond the pre and post-election matters, we have historically been faced with constant assaults against the rule of law and the 2018/2019 Legal Year will not be an exception.

“As we go into another season of elections with its attendant contentions and cases, we respectfully urge Your Lordships to always keep in mind the weighty responsibilities that rests on Your Lordships’ shoulders to continually save us from ourselves through Your Lordships’ pronounce conments, and in the process which, in no small measure, assists in maintaining the peace, unifying and welding us together as one nation,” the NBA added. In a similar vein, the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, has vowed to prosecute any judicial officer found complicit in the leakage of judgements to litigants. The CJN, who spoke at the opening ceremony of the 2018 National Workshop for Secretaries, Registrars, Court Clerks, Protocol Officers, Bailiffs and other Administrative Staff of the Judiciary, organised by the National Judicial Institute (NJI), said there was need to preserve the integrity and independence of the courts. He added that it was imperative that court records and exhibits were properly managed. “You must avoid temptation of leaking judgements for any consideration that will compromise your duties and bring the judiciary to ridicule,” he added.

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