Courts Of Equal Jurisdiction Should Not Sit On Appeal – NBA
The Chairman of Nigerian Bar Association (NBA), Port-Harcourt branch, Prince Onyekwere, Esq has said that courts of equal jurisdiction should not sit on appeal over each other saying the practice was legally wrong.
Speaking in an interview over different court orders on embattled national Chairman of Peoples Democratic Party, the NBA chairman said the practice was only not wrong but also not good for legal profession.
The NBA chairman said: “It is wrong in law. A court of coordinate jurisdiction cannot sit on appeal over each other so what is happening is wrong, is not good for the legal profession and perhaps that’s why NBA has issued a statement condemning it”.
He said that the Chief Justice of Nigeria invited chief judges of states involved and expressed hope that there would be disciplinary measure.
He said that after investigation there would likely be sanction for the officers.
When reminded this was not the first time the NBA chairman said: “Of course that’s why we have the society (and) people are being convicted for stealing. This is not the first time and people have been disciplined, people have been sacked from work but that does not make it not to happen again”.
He said human beings once in a while were likely to veer off track but there were regulations to check those who go off track.
On if the judiciary was being controlled the legal practitioner alleged that the executive had tried to manipulate the judiciary and judicial officers had also made themselves available for use but also said that there were judicial officers who would not allow themselves to be used and would dispense justice without fear or favour.
He said that there would be sanction for those found wanting saying that there were bad eggs who opened themselves up for manipulation.
It would be recalled a High Court of Rivers State restrained national chairman of Peoples Democratic Party (PDP) Uche Secondus from parading himself as chairman of the party pending hearing and determination of a suit which challenged his continued stay in office.
According to the ruling he was also ordered to stop parading himself as member of the party based on his suspension.
Justice Gbasam of Degema Division of High Court of Rivers State sitting in Port-Harcourt had issued the order while delivering ruling in an ex parte motion by chieftains of the party in the state.
However the order by the Rivers State High Court was countered by a High Court in Kebbi State which had restored Uche Secondus as chairman of PDP.
Three applicants filed an ex parte motion at Kebbi State High Court for order for stay of execution of ruling by Rivers State High Court.
But another court in Cross River State also again restrained the PDP national chairman from resuming office as chairman of the party and this resulted in seven state chief judges being summoned by the Chief Justice of Nigeria, Ibrahim Muhammad, who said he felt embarrassed coordinate courts gave different orders over the PDP chairman.
The chief judges summoned were those of Delta State, Cross River State, Anambra State, Rivers State, Imo State, Jigawa State and Kebbi State. They were to meet on Monday.