…NJC Denies Deaths of Judges on 2023 Presidential Election Tribunal

The President of the Court of Appeal, Justice Monica Dongban-Mensem, set up a three-member special panel on Monday to hear all appeals relating to the political disputes in Rivers State, including the one between Governor Simianalayi Fubara and the House of Assembly.

The panel, led by Justice Onyekachi Otisi, includes Justices Misitura Bokaji-Yusuf and James Abundaga. Its first sitting is scheduled for Thursday. One of the judges was rumoured to have passed on in a mysterious circumstance recently.

Among the appeals set to be heard is the one filed by Governor Fubara and the Rivers State House of Assembly, alongside cases involving both the Peoples Democratic Party(PDP) and the All Progressives Congress(APC) regarding the alleged defection of 27 lawmakers loyal to Mr.Wike from the PDP to the APC.

Counsels and litigants were informed of the new development on Monday, when a panel of the court adjourned three appeals, including one filed by the Rivers State Government against the Rivers State House of Assembly and others, informing counsels and litigants that their cases would not be heard by the new special panel.

Two other cases—one by the Accountant General of Rivers State against the Rivers State House of Assembly and another by the Action Peoples Party against the Independent National Electoral Commission and others—were also adjourned to Thursday for hearing by the Otisi-led special panel.

Dwindling Public Perception of the Judiciary
The judiciary has come under intense criticism over its handling of political matters emanating from Rivers State with different courts giving contradictory rulings and judgements. It is alleged that parties involved in the cases had chosen their favourite courts where they would go to obtain favourable verdicts.

According to Jibrin Okutepa (SAN), “It is only the judiciary that can free itself from pressures of litigants, some Nigerian lawyers, and even some members of the power that be in the Nigerian state. There is no doubt that Nigerian judges are being subjected to all manner of pressures by some members of the executive, the legislature, and even the judiciary. There are lawyers too who subject judges to pressures of all kinds.

“There are judges too that allow themselves to be subjected to pressure, too. Their conduct suggests their availability to do the bidding of those polluting the stream of justice just for pecuniary and other unholy interests’ he noted.

A strong critic of the judiciary in recent times is Prof Chidi Odinkalu who came hard even on the Chief Justice of Nigeria when he wrote: “I never thought I would be alive to see the fate of an independent judiciary reduced to the right of the Chief Justice of Nigeria to attend a party with a litigant before her court. You should not be fraternising with a litigant in your court”.

He criticised the presence of Justice Kekere-Ekun at a function in Abuja hosted by the Federal Capital Territory at the foundation laying ceremony of houses for Judges in Abuja. He also faulted her for attending a dinner hosted by Governor Sanwo-Olu of Lagos.

Socio-Economic Rights and Accountability Project (SERAP) a human and social rights advocacy group, on Sunday called on President Bola Ahmed Tinubu to immediately intervene and stop governors of the 36 states and the minister of the Federal Capital Territory (FCT) from compromising the judiciary through the donation of vehicles and houses.

SERAP in an open letter signed by the Deputy Director of the organisation, Mr. Kolawole Oluwadare addressed to the President, dated November 9 warned that the conduct of the governors and Mr. Nyesom Wike, the FCT Minister, was a direct interference in the independence of the judiciary as provided for in the constitution of the Federal Republic of Nigeria 1999 (as amended).

Different cases are pending in the courts on the Rivers State crisis and the courts have also been blamed for the complication rather than helping to arrest and resolve the crisis. The slow system of justice delivery is another factor.

Judicial Council Denies Deaths of Judges on 2023 Presidential Election Tribunal

The National Judicial Council (NJC) has dismissed false and unfounded claims circulating on social media that two Justices who were part of the five-member panel that upheld President Bola Tinubu’s election have died under mysterious circumstances.

The reports alleged that Justices Mistura Bolaji-Yusuf and Boloukuoromo Moses Ugo, both serving at the Court of Appeal, passed away on the same day, with no apparent medical cause. According to the viral rumours, Justice Bolaji-Yusuf was said to have been in good health the night before her death but was found unresponsive by her family the next morning. The cause of her death was unknown.

Similarly, Justice Ugo was alleged to have been found dead after a loud noise was heard from his room at around 2 a.m. Family members were said to have broken down his door and found him unresponsive and bleeding.

However, the NJC has strongly rejected these reports as mere fabrications. In a statement issued by NJC Secretary, Mr. Ahmed Gambo Saleh, the Council reassured the public that the two Justices were alive and performing their duties. “Please ignore the news, it is a lie. The Justices are alive, well, and doing their jobs,” Saleh said.

The two Justices, Bolaji-Yusuf and Ugo, were part of the Presidential Election Petition Tribunal that upheld the victory of President Tinubu and the All Progressives Congress (APC) in the February 25, 2023 presidential election. On September 6, 2023, the panel rejected petitions filed by opposition figures, Alhaji Atiku Abubakar of the Peoples Democratic Party (PDP) and Mr. Peter Obi of the Labour Party (LP), challenging the election results.