Benin, Edo, Nigeria – By Oladipo Airenakho.
Nigeria Bar Association President, Barr. Augustine Alegeh, SAN, has described the part played by the country’s judiciary in the current impasse in the House of Representative over the defection of the Speaker, Aminu Tambuwal and other similar cases as shameful and unacceptable.
Augustine Alegeh, made his view known while reacting to a question over the legality or otherwise of the Peoples Democratic Party’s decision to take up the matter in a court of law and the different dimensions the defection of the Speaker of the House of Representative is taking.
Alegeh who spoke at the Mid-West Bar Forum in Benin City, Edo State during the weekend explained that the present situation where the legal challenge to Tambuwal’s defection from PDP to APC has lasted in the court for upward of 8 months is unacceptable.
‘’For there to be democracy the court must be acting to ensure there is democracy. The present situation where the challenge of Aminu Tambuwal by members of the ruling party in the House of Representative on his defection from PDP to APC which has lasted in the court for upward of 8 months is unacceptable.’’
This situation, the President of the Nigeria Bar Association said, could have been avoidable and no one will be talking about it now if a decision had been taken by the court and that matter had been resolved.
‘’If a decision had been taken and that matter had been resolved, then, the argument as to Aminu Tambuwal will not have arisen now.’’
With due respect, said the NBA president, the present situation in the House of Representative is a direct result of shortcomings of the country’s justice system which should be addressed without delay.
‘’The present situation, with respect, is a direct lapse from the inability and delay of our court to determine this matter timeously.’’
The NBA Chief drew attention to the fact that the matter of Tambuwal’s defection happened before Oscar Pistorius and girlfriend’s case in South Africa which the court in that jurisdiction had already discharged with judgment delivered.
“Yet, a simple case of interpretation of section 68 of the Nigeria Constitution is lasting forever in the country’s court,” the NBA president bemoaned.
‘’I believe that this matter must have happened before Oscar Pistorius and girlfriend’s case in South Africa. And that case has been discharged and the judgment delivered.’
The situation in Rivers state which the NBA president described as a total disgrace did not go unmentioned too.
‘’We have a situation currently in Rivers where in a course of 6 months the court have started and the whole matter involving the NJC and who is to be the Chief Judge of Rivers state is trapped in court for 6 months on end. It is a shame. It is a total disgrace.’’
He warned on the danger of the country’s judiciary continuing on this path and called on the courts and justices to as a matter of urgency determine legal matters, especially those relating to the interpretations of the Nigeria Constitution, expeditiously.
The legal Luminary also advised the political class to stop looking for political settlements to legal matters saying, in the matter of Rivers state what should be the uppermost legal issue for determination is: does the NJC or Governor of Rivers state have the right to choose the Chief Judge of the state?
He said once this is determined by the court then the parties involved will fall in line.
The implication of the country’s court not facing its responsibilities squarely, said the NBA president is the resort to self help by individuals and a gradual descend to anarchy in the country.
‘’ When the courts shirk their responsibilities then we have this resort to self help and a gradual drift to anarchy.’’
The President of the NBA while calling on all courts, justices and judges to endeavour to read the correct interpretation of the constitution in order not to deny justice to those who seek it said a delay of the interpretation of the constitution is also a denial of justice.
‘’We use this opportunity to call on all our courts, all our justices, all our judges that when there is a delay in reading the correct interpretation of the constitution then there is a denial of justice.’’
He said the present situation in the National Assembly involving the Speaker of the House of Representatives would have been avoided if the judiciary had already given a pronouncement on the issues of decamping and the validity or otherwise of PDP.
