C/River gov poll: Judge silent on order

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Written by Lanre Adewole and Tunde Oyesina, Abuja Friday, 24 February 2012

ShareDESPITE the express order of the Chief Justice of Nigeria (CJN), Justice Dahiru Musdapher, Justice A. Abdul Kafarati of the Federal High Court sitting in Abuja, on Thursday, refused to openly repudiate his earlier order restraining the Independent National Electoral Commission (INEC) from going ahead with the governorship election in Cross River State on Saturday.

Musdapher had ordered Kafarati to reverse himself, reportedly citing his court’s lack of jurisdiction to issue the restraining order.

He was, however, mute on the controversial order all through yesterday’s proceedings, granting only the joinder applications brought by the Peoples Democratic Party (PDP) and its candidate for the election, former Governor Liyel Imoke, seeking to become parties in the suit brought by the All Nigeria People’s Party (ANPP).

The trial judge had restrained INEC from conducting Saturday’s poll on the strength of an ex parte application brought by the ANPP and its governorship candidate, Dr Obol Patrick Okomiso, against INEC.

Indications also emerged on Thursday that the directive of Justice Musdapher was borne out of a petition tabled before him in his capacity as the chairman of the National Judicial Council (NJC).

A source revealed that the CJN’s order was not as a result of interference as being criticised but a move to save the judge, who could face serious sanction if the petition was pursued against him.

When reminded that the judge was mum on the said order during the proceedings, the source disclosed that the information at the disposal of the judiciary leadership was that the enrolment order was eventually not released to the applicants and by implication not served on INEC.

Speaking on the implication of the order being uttered in an open court, the high-profile source explained that without the enrolment order, the restraining order would be deemed not to have been issued, adding that the judge would be courting serious punishment if the directive of the Chief Justice was considered disregarded by any acts of the judge.

Despite the controversy trailing the court order, INEC, on Thursday, told the judge that he lacked the power to stop it from conducting tomorrow’s poll.

Counsel for the commission, Ibrahim Bawa, while making his submission at the resumed hearing of the motion ex parte filed by the ANPP and its candidate seeking to stop the conduct of the poll, argued that, “Section 87 (11) of the Electoral Act says the court has no power to stop INEC from conducting an election. “The plaintiffs are indirectly telling the court to ignore the rule by asking it to restrain INEC from going ahead with the Saturday’s election in Cross River state.”

The court later granted the application by Imoke and the PDP and joined them as parties to the suit. Kafarati adjourned further hearing on the matter till March 19, 2012 and directed that parties be put on notice.

He also refused the plaintiffs’ application for status quo to be maintained.

The ANPP and its governorship candidate had filed a motion ex parte, seeking an order stopping INEC from conducting governorship election in Cross River State on Saturday on the grounds that INEC had no power to reschedule the election to less than 48 days to the initial date fixed for the said election.

Justice Kafarati granted it, leading to Justice Musdapher’s directive to him.

The applicants had claimed that the election had been earlier scheduled by INEC to be held on April 14, 2012 in view of the mandatory timetable set by the Electoral Act for submission of names and addresses of party candidates for that election.

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C/River gov poll: Judge silent on order