Amid accusations of biased rulings in the Rivers crisis, calls mount for US and UK authorities to impose visa sanctions on implicated judges.
he Human Rights Writers Association of Nigeria (HURIWA) has strongly criticized recent Federal High Court decisions, urging the imposition of visa restrictions on judges suspected of delivering rulings considered to be politically driven and destabilizing for Rivers State.
The group described the recent rulings that have stopped federal allocations to the state as alarming. They urged international embassies, including those of the United States, United Kingdom, and European Union, to implement travel restrictions on the judges involved in these decisions.
HURIWA’s statement comes in response to Justice Joyce Abdulmalik’s decision to suspend financial allocations to Rivers State, a move the group claims undermines Nigeria’s democracy.
HURIWA contended that these judgments echo past politically influenced decisions, like the Imo State governorship ruling, which resulted in a visa ban on Justice Kudirat Kekere-Ekun (currently serving as the Chief Justice of Nigeria).
In a statement issued on Thursday by HURIWA national coordinator Emmanuel Onwubiko, it was asserted that the recent ruling effectively ignored a well-established Supreme Court principle which affirms that federal authorities cannot withhold statutory allocations to states.
HURIWA asserted that the judgment contravenes established legal precedent, potentially jeopardizing political stability in Rivers State and Governor Siminalayi Fubara’s administration.
“The lawsuit, filed by a group within the Rivers State House of Assembly aligned with former Governor Nyesom Wike, asserts authority to stop fund allocation in the state. HURIWA interprets this as a tactical effort to destabilize Governor Fubara’s administration through legal channels,” it stated.
HURIWA claims that these “partisan” judgments clearly contradict the principles of judicial impartiality, as the judiciary should prioritize constitutional protections over specific political agendas.
HURIWA’s appeal also referenced prominent human rights lawyer Professor Chidi Odinkalu, who shared similar views regarding Justice Abdulmalik’s ruling. In his public response, Odinkalu asserted that the decision overturns a precedent established by the Supreme Court and characterized it as judicial tyranny undermining the rule of law. “Today, a judge at @FederalHigh overruled the Supreme Court. This is not #RuleOfLaw; it is tyranny of the #Outlaw,” tweeted Odinkalu, highlighting the perilous precedent this decision sets.
Besides Justice Abdulmalik, HURIWA brought attention to several other recent rulings by Federal High Court judges that it views as constitutionally questionable. The organization cited Justice Lifu’s recent decision on the Rivers State Local Government elections, where he determined that the Electoral Act governs these elections instead of state electoral laws.
HURIWA, together with constitutional lawyers, voiced worries that this ruling might jeopardize the legality of local elections already held in states like Kwara, Anambra, and Imo. These elections had depended on laws set by their respective State Independent Electoral Commissions (SIECs).
“If maintained, the decision would also question SIEC’s authority to oversee local elections, endangering upcoming polls in several states,” it stated.
HURIWA stressed that withholding financial allocations from Rivers State could lead to civil unrest. Reports indicate that regional groups have issued warnings, threatening to disrupt critical infrastructure such as oil pipelines in response.
The group emphasized that the court’s decision exacerbates current tensions and has the potential to incite more instability in the region. HURIWA remarked, “This judgment is akin to pouring gasoline on political discord in Rivers State, seemingly aimed at deliberately fostering civil unrest.” They further stated, “Justice Abdulmalik’s ruling undermines Governor Fubara’s legitimately elected government; it is unconstitutional and resembles a scheme to unlawfully oust the governor without proper procedure.”
In response, HURIWA called on Chief Justice Kekere-Ekun to take action in restoring integrity within Nigeria’s judicial system. The organization cautioned that the judiciary’s credibility is at serious risk due to recurring perceptions of bias in high-profile cases, which undermine public confidence in the rule of law. “The Nigerian judiciary faces a critical threat as these rulings display an alarming trend of partiality in political disputes,” HURIWA stated. “If this continues, Nigerians might lose faith in legal remedies, possibly resulting in societal disorder.”
In conclusion, HURIWA cautioned that the judiciary needs to swiftly address these alleged misconduct incidents to prevent Nigeria’s democratic framework from being undermined.
HURIWA pledged to seek sanctions against any judge whose decisions undermine Nigeria’s democratic values, highlighting that Justice Abdulmalik’s ruling poses a significant threat to the authority of elected leaders. The group emphasized the importance of the Chief Justice of Nigeria and the National Judicial Council taking corrective action to protect Nigeria’s judicial reputation from further harm.
Peoplesmind