A legal practitioner in Ebonyi State has condemned the ex parte order surreptitiously obtained by the Ebonyi State government on Tuesday to swear in council chairmen and councilors in the 13 local government areas of the state.
This is coming after a Federal High Court in Abakaliki, presided over by Justice F. O Riman on August 25, had nullified the election held on July 30.
The judge said that Governor Umahi had no constitutional powers to reduce the tenure of the chairmen from 3 to 2 years and that the electric was shrouded in secrecy.
Speaking with this reporter on Wednesday evening, the senior lawyer, who preferred anonymity, said that the judiciary has been murdered in Ebonyi State and that there is need for the Nigerian Bar Association (NBA) and the National Judicial Council (NJC) to intervene.
He said: “You cannot put something on nothing and expect it to stand. There is already a subsisting court judgement, a matter that was deliberated upon and judgment delivered on merit. So, the only way forward is to go on appeal against that judgement. And a court of concurrent and coordinate jurisdiction doesn’t have the capacity, the competence in law to set aside or to give a contrary order. It doesn’t happen anywhere.
“Whatever order made by any judge contrary, contradicting or in contradiction to the subsisting order of the Federal High Court is a nullity, it is void ab initio in whatever form.
“Even the judge himself is in trouble. The judge is supposed to be sacked by the NJC. A judge who knows and is aware that his elder brother had tried, adjudicated and delivered judgement on merit on a particular subject matter and he goes behind or in his chambers to give an order contrary to the previous order given, the judge deserves to be sacked.
“Look at the judgement of the likes of Egbo Egbo vs Okon Abang and others. The judge gave a contrary judgement and has gone in for it. If despite the public outcry and the judge goes on to give an ex parte order, he will go in for it.”
He added: “Had it been the time the NBA had the likes of Chief Gani Fawehinmi, those times that lawyers were activists, the rule of law was upheld to the maximum, this type of mess would not have happened. Lawyers have to speak out for the NBA in Ebonyi is being muscled. It is a tragedy to the judicial system. We are mourning. We are weeping.
“They should know that nobody stays in power forever. No matter who you are, you cannot stay in power forever. In less than a year now, the power of the incumbent will elapse.
“Nobody is beyond trial. Nobody is beyond the law. There are many anomalies that one enjoys as a privilege under the immunity clause of section 308 of the constitution, but that will elude the governor as soon as he leaves the office.
“Just like my learned friend, Chief Barrister Mudi Erhenede said yesterday, time doesn’t run against crime. You can embezzle people’s money and rely on the immunity clause, because of your personal aggrandizement, and you expect that nature and nemesis will leave you like that?
“If the people are handicapped that they cannot talk, what about the land? The land must speak. If we cannot talk, because of fear of intimidation, harassment, embarrassment or even being killed, then what of the land? The land cannot keep mute and anomaly goes on in the state.
“So, the judge that gives an ex parte order against a Federal High Court’s well founded judgment is a serious aberration. And the NJC should investigate. They should be a petition and the NJC should intervene. The judge should be dismissed or removed from office. He is an anti democracy and he works against the rule of law, which we were sworn in to uphold.”
Meanwhile, stakeholders are presently meeting with the governor as prelude to the inauguration tomorrow.