An 11-man Independent Judicial Accountability Panel, whose membership included three retired justices, on Friday, faulted the Supreme Court over its judgement on the protracted political crisis in Rivers State.
The panel, headed by a retired Justice of the Court of Appeal, Justice Mojeed Owoade, in a statement that followed its inaugural meeting in Abuja, said it was worried that the apex court, in its judgement on appeals that emanated from legal disputes in Rivers state, descended into live issues.
According to the panel which said it carried out an exhaustive analysis of some recent cases of public interest, “the judgement of the Supreme Court in the consolidated appeals leaves a gap as to whether the issue of alleged defection of 27 members of the Rivers State House of Assembly is still live or has been settled.
“This is because the court made comments on the issue of defection without actually addressing it.”
Highlighting that though there was nothing before the apex court, as at the time of the judgement, to establish that the 27 lawmakers were no longer bonafide members of the Rivers Assembly, the panel maintained that the apex court should not have commented on the issue at all, since there are pending litigations on the matter.
It, however, ruled out the possibility of any of the parties filing an application for a judicial review of the judgement, saying “as far as the case is concerned, the Supreme Court has become functus-officio in the matter.”
“Complex and lengthy judgements of courts defy easy comprehension and therefore undermine public trust,” the Justice Owoade-led panel noted, even as it urged judicial officers “to be mindful of their oath of office at all times.”
As part of its recommendations, the panel held that “politicians should generally avoid undue influence on the judiciary and be more accommodating of each other in the interest of their people.”
It also urged government at all levels to obey court orders and respect the fundamental rights of citizens in a democracy, decrying that over nine months after the ECOWAS Court awarded damages to victims of the October 2020 End SARS protest, the Federal Government had yet to comply with the judgement.
“IJAP recommends that the Federal Government of Nigeria should obey orders not only of our domestic courts but also those of International Courts, in line with its obligations under various treaties. The panel recognises that concerted citizen action will be necessary in achieving this.
“Citizens should show more interest and get involved in activities that hold the judiciary and other government agencies accountable.
“The media should be more courageous, factual and non-partisan in investigating and reporting the role of the judiciary in our democracy,” the panel added.
Other members of the panel are two retired Justices of the Court of Appeal, Justices Chinwe Iyizoba and Oloduton Adefope-Okojie, as well as Prof. Okechukwu Ibeanu, Prof. Jummai Audi, Mr. Mac Imoni Amarere, Barr. Sechap A. Tsokwa, Andrew Mamedu, Judith Gbagidi, Barr. Funmi Olukeye and Celestine Okwudil
The panel is a fallout of an expanded project that the ActionAid Nigeria and Citizens’ Led Engagement on Judicial Accountability in Post-Election Justice Delivery in Nigeria (CLEAP-Justice) have been implementing since July 2023.
The Country Director of ActionAid, Andrew Mamedu said the project had evolved into one that supports citizens’ actions towards judicial accountability, which is not limited to electoral matters.