Lawyers have expressed their disenchantment with the ruling of a Federal High Court in Kano which on Thursday, suspended the ruling of an FCT High Court Abuja suspending Comrade Adams Oshiomhole as the National Chairman of the All Progressives Congress.
Justice Lewis Allagoa had ordered the police and the Department of State Services (DSS) to provide security for Oshiomhole to resume in his office contrary to the order of Justice Danlemi Senchi of the FCT High Court. It is however a settled principle in law that a court cannot set aside the decision or another court which shares a coordinate jurisdiction with it.
Reacting in a chat with AN24.net, former 2nd Vice-President of the Nigerian Bar Association, Monday Ubani said if the things continue this way: “the desperation of politicians and the connivance of the judiciary will kill the judiciary. Remember the case of Uche Ogar and Okezie Ikpeazu. The court made an order in favour of Ogar. But Ikpeazu went to another court in his village to set aside the order. We wrote a petition to the NJC headed by the former Chief Justice, Walter Onnoghen but nothing came out of it.
“If the case of the Federal High Court, Kano setting aside the ruling of another high court is true, it means they are following a precedent. This is an abnormal situation. If these things continue like this, a time will come when no one will listen to judges again.”
Another lawyer, Emmanuel Ajayi in his reaction said: “You know anything in which politics is involved, gets messy. It is a fact that a court cannot sit on appeal or set aside a ruling made by another court that has a coordinate jurisdiction with it. The decision is a nullity. NJC should look into the matter.