The Nigerian judicial system is facing a crisis of confidence, as conflicting court judgments have become a regular occurrence.
The principle that courts of coordinate jurisdiction should not overrule one another has been breached, raising serious concerns about the integrity and reliability of the judiciary.
The Kano Emirate tussle, which involved the reinstatement of Sanusi II as the Emir of Kano, is a recent example of conflicting court judgments.
Justice A.M. Liman of the Federal High Court in Kano State issued an ex parte order suspending the implementation of the Kano State Emirate Council (Repeal) Law, 2024.
However, Justice Amina Aliyu of the Kano State High Court issued another ex parte order restraining Bayero from parading himself as the Emir of Kano.
In another case, Yahaya Bello, the former governor of Kogi State, filed a fundamental human rights suit against the Economic and Financial Crimes Commission (EFCC). Justice Isa Jamil of the Kogi State High Court issued an interim order restraining the EFCC from arresting or detaining Bello.
However, Justice Emeka Nwite of the Federal High Court in Abuja issued an arrest warrant on Bello.
The Rivers State political crisis has also seen conflicting court judgments. Two federal high courts in Abuja issued conflicting orders on the political crisis in the state.
The conflicting judgments have raised concerns about the integrity and reliability of the judiciary. Senior lawyers such as Rotimi Jacobs and Chief Mike Ahamba have condemned the occurrences, calling for immediate retirement of judges who issue contradictory orders.
“We lawyers are to blame for this embarrassment,” Rotimi Jacobs said. “We are the ones responsible for this type of thing, not just the judges.”
Chief Mike Ahamba added that a judge who issues another order while there is a subsisting order from a court of coordinate jurisdiction should be immediately retired.
The Nigerian Bar Association has also strongly condemned the conflicting judgments, calling on the heads of various courts involved to immediately look into the matter and petition the judges before the National Judicial Council (NJC).
The crisis has raised serious concerns about the ability of the judiciary to provide justice and uphold the rule of law in Nigeria. The NJC has been called upon to take immediate action to address the issue and restore confidence in the judiciary.
As Nigerians continue to question the judicial system’s integrity, it is imperative that steps are taken to ensure that conflicting court judgments become a thing of the past.
The NJC must take immediate action to address this crisis and restore public confidence in the judiciary.
