Political Injunctions: Be Pontius Pilate, Hands-Off! - Ebun Olu-Adegboruwa Esq

POLITICAL INJUNCTIONS: BE PONTIUS PILATE, HANDS-OFF!       Ebun Olu-Adegboruwa Esq to Judges

----- Forwarded Message -----
From: Ebun-Olu Adegboruwa <ebun_olu@yahoo.com>
Sent: Thursday, October 27, 2016 4:26 PM

PRESS RELEASE ON:

THE PDP AND THE JUDICIARY

In recent times, we have all witnessed the schemes and tactics of politicians, in their attempts to outdo themselves in the struggle for power. Of concern is the role being played by the judiciary, in many of these shameful tactics, as an instrument of support, for one political camp against the other.

This is one of the despicable legacies of the now discredited People's Democratic Party, PDP, in its 16 years reign. Whilst the PdP held sway, Nigerians were daily entertained by mind boggling stories of political injunctions, from Anambra State to Ogun State, and indeed across Nigeria. Various factions within the PdP were almost certain of one latest "court injunction", against their opponent, the following day, as day follows night. And I have wondered why the chief judges of the states concerned, or indeed that of the federal high court, have not been able to coordinate and rein in these forest of injunctions.

The latest is in respect of the Ondo State Governorship Election, especially as between the Makarfi and Sheriff led factions of the PdP. Predictably so, the Hon Justice Abang of the Federal High Court, upped his game last week when he ordered INEC to accept Mr Jimoh Ibrahim as the candidate of the PdP, ostensibly without any hearing from Mr Eyitayo Jegede, SAN, another leading contender for the same office, who was not named as a party in the proceedings. And whilst we were trying to digest that, a High Court in Akure, with its clearly limited jurisdiction, had rolled out a fresh injunction, restraining INEC, from removing the name of Jegede. And before we could say Jack, another State High Court, also in Akure, had issued another injunction, to restrain the Jimoh Ibrahim faction, of the same PdP, from parading themselves as representatives of the PdP in Ondo State. And just before the end of today, we expect to be jolted with another injunction, yet from another court, on the same issue. As is expected, petitions upon petitions, have been flying left right and Centre, against these injunctions.

In the light of the recent events involving judicial officers and the DSS, one would have thought that judicial officers will become more restrained and circumspect, in dishing out "political injunctions", which all seem to create tension and heat the body polity, in Nigeria. A situation where judges have become willing tools in the hands of desperate politicians is no longer acceptable, for our very fragile and nascent democracy.

And the ruling APC seemed to have taken the inglorious lead from the PdP, as in the same Ondo State, the court is being urged to declare a candidate for the APC, for the upcoming Governorship election.

Our jurisprudence is fairly now well settled that the issue of candidacy of a political party, should be the internal affairs of the party. The courts should wash their hands, like Pontius Pilate did in the case of Jesus, from bloody political cases, that seem to displace the power of political parties to choose their candidates.

Whereas we advocate and support the entrenched right of access to court and the statutory power of the courts to settle disputes, the national judicial council should by now have measures in place, through which conflicting and inconsistent rulings and judgments of courts of coordinate jurisdiction, will be a taboo. The NJC should not fold its hands, to be foisted with another 'sting operation', before it intervenes in the festering Ondo Governorship disputes.

Questions should be raised, suo motu, by the Hon Chief Justice of Nigeria, who is seised with the power of discipline and control, over the entire judiciary. The CJN should take judicial notice of the myriad of these "overnight injunctions", and help to salvage the image of the judiciary. 

I therefore appeal to all politicians, to all our judges, the Nigerian Bar Association and indeed all stakeholders within the Bar and Bench, to urgently rise up and tame the monster of "political injunctions", before the nation is thrown into another democratic abortion. 

The PdP as a political party, should rise above its petty internal squabbles and square up to play the role of positive and credible opposition, whilst the APC should restrain itself from joining the ugly train of multiple court orders, on the same subject matter, in order that it may begin to deliver upon its many campaign promises, from which it seemed to have derailed totally.

Thank you.

Ebun-Olu Adegboruwa, Esq.

Lekki, Lagos.

27/10/2016

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