The Independent Judicial Accountability Panel (IJAP) has criticised the Supreme Court’s February 28 judgement on the Rivers State political crisis, saying it failed to rule on the legitimacy of the lawmakers who defected from PDP to APC to spite Governor Siminalayi Fubara.
The panel, which includes three retired justices of the Court of Appeal, said on Friday that the top court did not clarify its stance on the matter. It noted that the judgement mentioned the lawmakers’ defection without ruling on it.
Having thoroughly examined the judgement, retired Justice Mojeed Owoade of the Court of Appeal, who chaired the 11-man panel, said the Supreme Court’s judgement failed to address and explicitly state the position of the law on the defection.
“The judgement of the Supreme Court in the consolidated appeals leaves a gap as to whether the issue of the alleged defection of 27 members of the Rivers State House of Assembly is still alive or has been settled,” Mr Owoade said.
“This is because the court made comments on the issue of defection without actually addressing it,” the retired justice added.
The top court on February 28 delivered two of three judgements favouring the lawmakers rebelling against Mr Fubara’s leadership. Federal allocations were stopped until Mr Fubara resubmits the budget before the lawmakers and local government elections conducted in 2024 were invalidated per the judgements.
The Supreme Court, however, reserved ruling in the third matter — the defection of lawmakers— the only matter that might give Mr Fubara political mileage in the state.
Mr Owoade said it would have been better for the court to keep silent over the matter, given that it was under litigation, rather than make equivocation, skirting around the defection.
He warned that unclear court decisions erode public confidence in the judiciary.
“Complex and lengthy judgements of courts defy easy comprehension and therefore undermine public trust,” Mr Owoade said.
The panel chair reminded the justices “to be mindful of their oath of office at all times’ and recommended that politicians should hands off the judiciary.
“Politicians should generally avoid undue influence on the judiciary and be more accommodating of each other in the interest of their people.”
Justices of the Court of Appeal, Justices Chinwe Iyizoba and Oloduton Adefope-Okojie, are also part of the independent Judicial panel.
Other members include Okechukwu Ibeanu and Jummai Audi, Mac Imoni Amarere, Sechap A. Tsokwa, Andrew Mamedu, Judith Gbagidi, Funmi Olukeye and Celestine Okwudili.
Already, the state assembly shut its gates and denied Mr Fubara entry earlier this week, as lawmakers claimed they had not yet invited the governor to resubmit the budget.
On Friday, the lawmakers announced that they were going on an indefinite break, a move that could stall the resubmission of the budget.
