Justice Ibrahim Buba of the Federal High Court in Lagos on Wednesday rejected an ex-parte application filed to stop the Chief Judge of Bayelsa State, Justice Kate Abiru, from swearing in the Rivers State Governor-elect, Nyesom Wike, on May 29, 2015.
The suit was filed by former Chairman of Ikeja branch of the Nigerian Bar Association (NBA), Monday Ubani and others.
Others are John Nwokwu and Gabriel Okoro.
Justice Buba, while turning down the application, said granting such would amount to “adding insult upon 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 their 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,” Justice Buba held.
Joined as respondents in the suit marked FHC/L/CS/769/2015 are the Attorney General of the Federation, Mohammed Adoke (SAN), Bayelsa CJ, Justice Abiru and Wike.
The plaintiffs had contended that Justice Abiru could not swear Wike in 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.
The Attorney General of the Federation, 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 Rivers State.
He said the directive was in line with the constitution and urged the citizens to take note and respect it.
But Nwokwu, who deposed to a 25-paragraph affidavit in support of the ex parte application, claimed that Adoke’s directive “is already causing public confusion and uncertainty in the country.”
The applicants therefore sought an order “restraining the 2nd defendant from administering the oath of office on the 3rd respondent on the basis of the directive of the 1st respondent and to stay all actions pending the determination of the substantive suit.”
In the alternative, they wanted the court to make an order “restraining the defendants whether by they, agents, servants and privies from taking any further steps in connection with the matter pending determination.”
They had claimed that it would be in the interest of justice to grant the ex-parte application.
Buba, however, refused it, saying “we cannot all be shallow or be shallow-minded. There shall be no room for anarchy.” He adjourned till June 29 to hear the motion on notice.
Meanwhile, for those who think that the outgoing governor of Rivers state, Rotimi Amaechi and his former Chief of Staff and now governor-elect, Barrister Nyesom Wike, will ever reconcile, need definitely do a rethink as both men have vowed at different fora not to settle the raging crisis of ego between them.
Only on yesterday, the governor declared that justice must be seen to have been done before he would settle with his successor, Wike.
Amaechi spoke at his 50th birthday Thanksgiving Service that was organized by his friends at Corpus Christi Cathedral in D-Line, Port Harcourt Wednesday. The governor who arrived the church at 11.48am, was responding to an appeal from the Catholic Bishop of Port Harcourt Diocese, Most Rev. Dr. Camillus Etokudor that he and Wike should settle their political differences in the interest of the people of Rivers State
The Catholic Bishop had earlier congratulated the Governor-elect, Wike, for his electoral victory and urged both former politicians to settle their differences with one another.
“As for the out-going governor and the in- coming governor, I urge them to work together so that there will be peace. We need peace in Rivers State” Bishop Etokudor said while delivering his homily.
“There can be no reconciliation without forgiveness..There will be no peace without reconciliation. So, it is time for the out-going governor and the in-coming governor to reconcile so that peace will return to Rivers State. No matter their differences they should reconcile in the interest of peace”.
Amaechi in his response insisted that justice must be seen to have been done before he can think of forgiving and settling with Wike who was his former chief of staff, government house, from 2007 to 2011. Wike whom governor Amaechi recommended for a ministerial appointment was later appointed minister of state for education. A position he resigned to contest for the governorship.
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