3 weeks ago
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The ongoing political dispute in Rivers State has raised concerns about its impact on governance and the well-being of the citizens. In this interview with Onozure Dania, Dr. Olisa Agbakoba, a Senior Advocate of Nigeria, former president of the Nigerian Bar Association and pro-democracy activist, spoke on the ongoing crisis in Rivers State and the need for the judiciary to maintain its integrity and not allow themselves to be used by politicians. Excerpts
What are your views on the current dispute between the River State Government and the group aligned with the former Governor Nyesom Wike?
I just think that with the issue of very tough conditions in Nigeria at this time, that our political class should pay more attention to the needs of people. Because when all we see is conflicts between politicians, then one wonders why they are not paying attention to the real issue.
The energy being spent, the energy that is consumed in resources, fighting cases in courts, would be better spent addressing the concerns of people. I’m not sure that any person from River State will be happy at what’s going on. And I’m not interested in the issue of who’s right or wrong. That’s not the point. The point is, this thing is costing the people of the common man, Rivers State, very, very dearly. And I don’t think it’s good.
Do you believe the concerns raised about potential bias in this case are valid? And how might they influence the fairness of the proceedings?
I don’t know anything about the case. The fighting between Elephant, whether it’s in the Federal High Court or in the State High Court or in Abuja or elsewhere, the real question that I think should come out is, it is at the expense of people of Rivers State who are bearing the brunt of great suffering, and that the politicians should take that into account. Whatever the grievances that is causing this huge fight and war, isn’t helping Nigeria, isn’t helping Rivers State.
What we need to do is not court cases, or who was right or who was wrong to go to what courts. That’s not the issue. How does that fit within the schedule of any person in River State? So that’s my approach.
I’m not insensitive. that’s my approach.
How is these conflicts affecting the people in River State?
I just told you that the conflict is distracting the governor of River State. It is distracting all the politicians in all the respective parties in Rivers State. And the people who are bearing the brunt are people of River.
Because rather than the government focus on what it should be focusing on, it is distracted by the political crisis rocking the state.
So all of the political people in River State, of whatever parties, should keep in mind that the principal victims in this are the people of River. I don’t know whether they understand that things are very difficult. And all this fight, that they are fighting, does not have the benefit of Rivers State in who they want to pretend or profess to lead. All of them pretend to be leaders of Rivers State, but they are not showing it by their conduct.
In the light of the sensitivity of this, what strategies can the judiciary employ to balance legal obligations with the potential socio-economic impact on River State?
The judiciary should be cautious to stay away if it is not their work to interfere in a genuine dispute. So I’m happy that the Chief Justice of Nigeria has summoned some judges to explain what all this is I’m hearing. So the judiciary should be very cautious not to be used by politicians.
Very cautious. Because a lot of these cases, I’ve read all the political actors in this, I’ve seen them on TV, I’ve read what they are saying. So the judiciary must not allow itself to be used.
That’s why people say that the confidence in the judiciary is low. In transit, if anyone can just walk into a court and get an injunction, it doesn’t make the judiciary look good. So my own personal advice to the judiciary, please refrain from being used.
If it is not a proper case, don’t accept it. Throw it out. If the politicians know that you can’t come to the judiciary unless you have a good case, this matter will be a lot calmer.
There’s a feeling, I’m not sure whether I’m right, but there’s a feeling that the judiciary is open to access by anyone who can come. And that is not a good reputation for the judiciary. I’m happy that the Chief Justice of Nigeria has summoned these two judges.
And I hope that will be the beginning of sanity in the way in which judges are making conflicting decisions on the same subject. Some will sit in Abuja. Some will sit in Rivers State.
Some will be at the Rivers State High Court. Some will be at the River State Federal Court. So look at the judicial chaos.
So I would really urge the judiciary not to allow themselves to be used by politicians. Because it is that ability of the politicians to use the judiciary that also fuels this. You hear somebody say, oh, I have a court injunction.
That’s the advice I would like to give.
With public confidence in the judiciary at stake, what are the key safeguards to ensure that judicial decisions in politically charged cases remain impartial and focused on justice?
Well, I just said, don’t, if you’re a judge, accept a case which you ought not to accept. And if it’s a case that falls within your jurisdiction, do justice in a way that people will say, yes, Mr. Justice Swanson did the correct thing. That’s all.
Do justice, you know, fair and square. And that’s why they say justice is blind. Justice does not see anybody.
The person who approaches you, if that person has a case, entertain it. And one of the simple questions I would ask would be, if I was a judge sitting in, say, Bauchi, and a case comes before me in relation to Rivers State, I would throw it out. I’d say, why are you here? Don’t you have courts in River State? So it is this running around, we call it forum shopping, running around Nigeria, jumping into any courts, getting orders, that is inflicting the situation.
So I ask, I will go back to my appeal, that the judiciary should really not allow itself, you know, in this particular Rivers crisis, to be used by politicians.
