By Emmanuel Onwubiko

It’s typically stated that the court docket of regulation is the final hope of the frequent man. This proved to be actual with the very latest intervention of the Court docket of Attraction, Abuja division, which basically re-established the truth that all hopes are usually not misplaced on the more and more dwindling reputation and the place of the court docket system within the notion, opinion and respectability of the great individuals of Nigeria when the Appellate court docket completely demolished a clearly unlawful, unconstitutional and reckless determination of the federal Excessive Court docket to try to deprive the great individuals of Rivers state of their constitutionally assured allocations from the federation account.

The Court docket of Attraction’s determination on December 13, 2024, to overturn the Federal Excessive Court docket’s order halting the discharge of Rivers State’s federal allocation is a big milestone for Nigeria’s democracy. The judgment not solely upholds the ideas of federalism but in addition reasserts the sanctity of the judiciary as a impartial arbiter in political disputes. This ruling is a reminder of the judiciary’s important position in making certain justice and equity, even amidst the turbulence of political intrigues and energy tussles.

The Court docket of Attraction’s ruling decisively quashed the Federal Excessive Court docket’s determination, which sought to cripple Rivers State’s governance by halting its statutory allocations. Justice Joyce Abdulmalik’s judgment, delivered in October 2024, restrained the Central Financial institution of Nigeria (CBN) and the Accountant Basic of the Federation from releasing funds to Rivers State on the grounds that the 2024 funds was purportedly invalid.

Led by Justice Hamman Barka, the Attraction Court docket emphasised that the Federal Excessive Court docket lacked jurisdiction to entertain the case. Justice Barka underscored the ideas of judicial restraint, stating that points regarding state appropriations are the unique purview of state excessive courts. This determination affirms the autonomy of state establishments inside Nigeria’s federal construction and protects Rivers State’s individuals from the fallout of politically motivated litigation.

The Attraction Court docket’s ruling carries profound implications for Nigeria’s constitutional democracy. By overturning Justice Abdulmalik’s judgment, the Court docket has reaffirmed that the judiciary should stay above political manipulations. This judgment reinforces the constitutional precept of federalism by clarifying the separation of powers between state and federal jurisdictions. It ensures that state issues, comparable to appropriations, are dealt with inside the acceptable authorized frameworks.

The preliminary ruling would have plunged Rivers State into monetary and administrative chaos, affecting thousands and thousands of residents. The Attraction Court docket’s intervention restores stability, permitting the state authorities to meet its obligations to the individuals. The implications of this determination resonate past Rivers State, highlighting the judiciary’s position because the final line of protection for democratic governance and constitutional order.

The Rivers State saga exposes a worrying development of judicial complicity in political disputes. Justice Abdulmalik’s ruling, which disregarded established jurisdictional limits, raises severe questions on judicial accountability. It’s crucial that the Nationwide Judicial Council (NJC) takes decisive steps to deal with such breaches of judicial ethics and competence.

The NJC, as the first regulatory physique for judicial officers, should intensify its oversight capabilities. Judges who challenge rulings that contravene authorized ideas or constitutional provisions ought to face thorough investigations and, the place crucial, disciplinary actions. For example, Justice Abdulmalik’s determination to entertain a case past her court docket’s jurisdiction displays both a scarcity of competence or deliberate bias. The NJC ought to provoke a evaluate of her conduct to find out whether or not sanctions are warranted.

Common coaching and workshops for judges on constitutional regulation, jurisdictional boundaries, and moral requirements are important. Persevering with Authorized Training (CLE) packages may help judges navigate advanced instances with out succumbing to political pressures or misinterpreting the regulation. These packages ought to emphasize the significance of judicial impartiality and the broader implications of their rulings on democracy and governance.

To show undue influences on judicial officers, the NJC may set up a confidential whistleblower mechanism. This technique would enable involved events, together with court docket workers and authorized practitioners, to report cases of judicial misconduct or exterior interference with out concern of reprisal.

The NJC ought to publicize its disciplinary actions in opposition to erring judges to discourage misconduct and restore public confidence within the judiciary. For example, if Justice Abdulmalik’s actions are discovered to have violated judicial ethics, the NJC’s findings and selections ought to be made obtainable to the general public.

The ability battle in Rivers State highlights the risks of permitting political disputes to escalate into constitutional crises. Former Governor Wike’s alleged makes an attempt to undermine Fubara’s administration by way of authorized and legislative maneuvers show the perils of unchecked political ambitions.

The defection of lawmakers, which contributed to the legislative deadlock in Rivers State, underscores the necessity for stronger political social gathering self-discipline. Events should set up clear tips and penalties for defections to keep up stability and stop opportunistic alliances that disrupt governance.

Political disputes, such because the Wike-Fubara feud, ought to be resolved by way of dialogue and mediation quite than litigation. Civil society organizations and elder statesmen can play a vital position in facilitating negotiations to stop political conflicts from escalating.

The Attraction Court docket’s judgment reiterates the significance of respecting the separation of powers. Political actors should keep away from encroaching on the capabilities of different branches of presidency, as such actions undermine democratic governance.

The Rivers State case serves as a cautionary story for Nigeria’s democratic establishments. It underscores the necessity for vigilance in defending the judiciary from changing into a instrument for political machinations. The NJC’s proactive engagement in addressing judicial misconduct and making certain adherence to constitutional ideas is crucial for the well being of Nigeria’s democracy.

Authorized authorities help the Attraction Court docket’s judgment. In A-G Lagos State v. A-G Federation (2004), the Supreme Court docket emphasised the autonomy of states inside the federal construction, ruling that federal intervention in state issues should be strictly restricted. Equally, in Lakanmi v. A-G Western Nigeria (1971), the court docket highlighted the risks of overstepping jurisdictional boundaries, warning in opposition to the misuse of judicial energy.

The Attraction Court docket’s determination aligns with these precedents, reinforcing the judiciary’s position as a defender of constitutional order and the rule of regulation. Moreover, this ruling underscores the need of a judiciary that’s each impartial and adequately resourced. To this finish, stakeholders should advocate for the monetary autonomy of the judiciary to insulate it from undue pressures and affect.

The judiciary should not solely be neutral but in addition be perceived as such by the general public. Transparency in judicial processes, from case administration to the supply of judgments, is vital to constructing belief. The media and civil society should play their half by educating the general public on judicial issues, fostering an knowledgeable citizenry able to holding establishments accountable.

The Attraction Court docket’s ruling is a victory for Rivers State and a triumph for Nigeria’s democracy. It underscores the necessity for an impartial and accountable judiciary, free from political interference. Nonetheless, this judgment additionally serves as a wake-up name for the NJC and different stakeholders to deal with the systemic points that enable judicial misconduct to persist.

As Nigerians have fun this landmark determination, it’s crucial to stay vigilant in defending the integrity of democratic establishments. Political actors should prioritize governance over private ambitions, and the judiciary should steadfastly uphold the ideas of justice and fairness. Solely then can Nigeria’s democracy thrive within the face of challenges, making certain a brighter future for all residents.

The broader classes from the Rivers State case lengthen to all arms of presidency. Whereas the judiciary should stay resolute in its independence, the legislative and government branches should additionally play their roles responsibly. Politicians should chorus from exploiting authorized loopholes to additional their agendas, whereas the legislature ought to enact legal guidelines that strengthen institutional safeguards.

Finally, this judgment is a name to motion for all Nigerians to uphold democratic values. Civic training campaigns that emphasize the significance of constitutional ideas and the rule of regulation are crucial. Empowering residents with data about their rights and duties can foster a tradition of accountability and transparency throughout all sectors.

The Rivers State saga is a microcosm of the challenges dealing with Nigeria’s federal democracy. It underscores the urgency of reforms that prioritize institutional integrity and public belief. Because the nation strikes ahead, the dedication to justice, equity, and fairness should stay unwavering. These ideas are the inspiration upon which a resilient and affluent Nigeria could be constructed.

Now, the great individuals of Rivers state along with their amiable governor have been reassured that fairness, justice and equity are virtues which are nonetheless be upheld by the courts of competent jurisdiction and the Attraction Court docket’s judgment ought to be used as a litmus check to topic judges of the federal Excessive Court docket who present judicial help to political warlords to the very best scrutiny and sanctioned administratively to function deterrent for future misadventures by any of the judges who hibernate with politicians. The court docket should stay the temple of justice that it’s.

Emmanuel Onwubiko is head of the HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA and was NATIONAL COMMISSIONER OF THE NATIONAL HUMAN RIGHTS COMMISSION OF NIGERIA.