The Nigerian Bar Association (NBA) has raised the alarm over the recurring trend of contradictory court decisions and orders, especially among courts of coordinate jurisdiction.
In a statement on Monday, the President of the Bar, Olumide Akpata, said such decisions typically arose from ex-parte applications and almost always in political matters.
He said the recurring contradictory decisions of the courts, based on the apparently indiscriminate grant of orders and counter-orders – relating to the nomination of candidates by the major political parties for the forthcoming governorship election in Anambra State, and the equally embarrassing situation playing out in respect of the leadership crisis of the Peoples Democratic Party (PDP) that has seen three different contradictory rulings by courts of coordinate jurisdiction – left a lot to be desired.
Read the statement hereunder:
The @NigBarAssoc has observed with dismay the unfortunate and recurring trend of contradictory court decisions and orders, especially among courts of coordinate jurisdiction, typically arising from ex parte applications and almost always in political matters.
While the Nigerian judiciary has in the past made invaluable contributions to the development of the country, there are nevertheless past failings which would hopefully remain permanently interred in the dark annals of history.
It is in this regard that we view with concern the recurring contradictory decisions by our courts, based on apparently indiscriminate grant of orders and counter-orders, in a way that evokes memories of those eerie and unwanted dark days.
We must of necessity reference the orders relating to the nomination of candidates by political parties for the forthcoming gubernatorial elections in Anambra State and the equally embarrassing situation playing out in respect of the PDP leadership crisis that has seen three different contradictory rulings by courts of coordinate jurisdiction, in circumstances that leave a lot to be desired.
These developments in our courts are antithetical to the actualisation of the just society and independent judiciary that we all aspire to, and they run contrary to everything we teach and hold dear as a profession. Indeed, they do nothing but bring the Judiciary and the entire system of administration of justice to ridicule.
Before blaming the judges, we must first look inwards and call out our members, most of whom are senior members of the Bar, who continue to yield themselves to be used as willing tools by politicians to wantonly abuse the judicial process.
In our view, these actions contravene the Rules of Professional Conduct for Legal Practitioners 2007 (“RPC”) especially the cardinal Rule 1 of the RPC which requires a lawyer to uphold and observe the rule of law, promote and foster the cause of justice, maintain a high standard of professional conduct, and not engage in any conduct which is unbecoming of a legal practitioner.
We also concur with the Hon. Justice Chioma Nwosu-Iheme of the Court of Appeal in her condemnation of the indulgence by some judicial officers of politicians who go round the country shopping for judgments, and who thereby bring the Judiciary to public ridicule. Beyond that we shall say no more at this time.
I will on behalf of the NBA, urgently seek audience with My Lord, the Honourable Chief Justice of Nigeria to address this issue holistically. the support of the Chairman of the NBA Judiciary Committee, Dr. Babatunde Ajibade, SAN as well as the Chairpersons of the NBA Section of Legal Practice (NBA-SLP) and NBA Section on Public Interest and Development Law (NBA-SPIDEL), Mr. Oluwaseun Abimbola, SAN and Dr. Monday Ubani for this proposed engagement.
The NBA, as the prime defender of the integrity and independence of the Judiciary, cannot and will not be a spectator whilst our hard-earned democracy is threatened by the venal acts of a few. This is particularly so as the nation approaches its next round of general elections. It can no longer be business as usual.
OLUMIDE AKPATA
NBA President
30 August 2021
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