An Open Letter To The Chief Justice Of Nigeria: Intervene And Protect Ondo State Judiciary Now!!! I wish to inform the Chief Justice of Nigeria that Supreme Court served a purported hearing notice on parties to Governorship Election Petition Appeal for hearing on 24th September, 2013 which is 20 clear days outside the period permitted by Electoral Act to hear the appeal of such case. It has made several unconstitutional attempts to pervert the course of justice in Nigeria. It was first admitted as an error, but it is now showing a serious germane of truth. The issue is that there were injections in the voter register being used in the October 20, 2012 election in Ondo State, in which parties to the gubernatorial post approached the Election Petition Tribunal. In the Tribunal, the court in its own understanding admitted it was a pre-election matter, after 180days of court proceedings, the appellants proceeded for jury at the Ondo State Appellate Court in Akure, herein the court admitted it is not a pre-election matter but it is not substantially proved beyond doubt. In quest for justice, the appellants moved further to the Supreme Court of Justice, Abuja for the final verdict. On the 19th of August, 2013, funny enough the letter sent to parties to Governorship Petition (ACN & PDP) read that the hearing is slated for September 24 which is 20days outside the period permitted by Electoral Act (as amended) to hear appeal of the matter. And this moves as we are told is been instigated by the Governor. In response to the date to hear the appeal which should not be more than August 29 for the hearing and September 3rd for the Judgment. Despite the dependency of the suit the defendants have continued in their lawless act in utter disregard and disrespect for the Honourable Court. This is also in the face of the fact that all the court processes have been served on them and the state Chief Judge. Your Lordship, it has been the position of the Law from time immemorial that once a matter is pending before a court parties ought to restrain from taking steps in relation to the matter pending the determination of matter by court. Moreso on no ground, will the Chief Judge slate the date for hearing more than the date prescribed by law to hear the case.. This is sad and embarrassment to the noble law profession. The Chief Judge in the state also sat on matters of public interest without assigning them to Judges. She is presently, using family members who fought for her when Sylva was reluctant in confirming her as Chief Judge of the state. These are real facts that are in available in public archive. We want the Chief Justice of the Federation to prevent chaos by making an adjustment in the date sent to parties concerned by adapting to the laid down act of the constitution as the constitution supersedes all. The judiciary must not allow itself to be governed by the Executive arm. Court decisions must override group loyalties and subjective interests. Our nation’s judiciary must at all times maintain the sanctity of the rule of law, the principles of separation of power and the supremacy of the constitution. I am writing you this letter with the hope that you have the final say with matters that have to do with the judiciary in all the thirty six states of the federation. We also believe that no Governor in Nigeria is above the sanction of the Chief Justice of the country. If it is so as it happened in Ondo State, the world will crave to describe our courts as uncivilized, primitive and underdeveloped. Prince Ayodeji Segun Allen South Senatorial District, Ondo State. CC: 1. Chairman National Judicial Service Commission Abuja. 2. The President Federal Republic of Nigeria Aso Rock Villa – Abuja.
Posted on: Thu, 22 Aug 2013 19:12:11 +0000
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