A Federal High Court sitting in Lagos, yesterday, refused an ex-parte application praying it to stop the Chief Judge of Bayelsa State, Justice Kate Abiru, from swearing in the Rivers State governor-elect, Chief Nyesom Wike, on May 29.
Trial judge, Justice Ibrahim Buba, who turned down the application, said granting such would amount to “adding insult upon the injury” of the people of Rivers State, who currently “have no judiciary.”
The judge noted that though the applicants had a good case because the issues bordered on the sanctity of the constitution, granting their application may occasion a state of anarchy in Rivers State.
He said: “I am of the firm view that no court should make the order ex-parte to further compound the problems in Rivers State.”
The applicants, Monday Ubani, John Nwokwu and Gabriel Okoro, all Lagos-based legal practitioners, had contended that Justice Abiru cannot swear-in Wike because the constitution only allowed the Chief Judge of the state or the President of the Customary Court of Appeal of Rivers State to do so.
Respondents in the suit were the Attorney General of the Federation, Mr. Mohammed Adoke, SAN, Bayelsa State CJ, Justice Abiru and Wike.
It will be recalled that Adoke had, in a statement on May 19, directed Justice Abiru to swear in Wike on May 29, because Rivers State currently has no substantive Chief Judge, to avert a likely constitutional crisis in Rivers State.
Justice Buba refused the application, saying: “We cannot all be shallow or be shallow-minded. There shall be no room for anarchy.” He adjourned to June 29 to hear the motion on notice.
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