In what can only be described as the machinations of politics, but qualifies as insanity in Nigeria’s Judiciary and absolute denigration of the sanctity of Justice, a Magistrate Court sitting in Asaba Judiciary Division has directly flouted an Order of a superior Court, staying its proceedings. It is believed that the Order was granted pending the determination of a suit before the High Court.
The Magistrate’s flagrant disobedience may have laid the foundation for a judicial showdown as he deliberately and conscientiously disregarded an Order of Injunction staying its Proceedings from a High Court.
Despite the existence of an injunctive Order, the Magistrate insisted that the defendants, who are members of the Royal family, ought to be present in Court and their absence showed a disregard for the Court. Counsel to the defendants informed his Worship that the basis on which the order was obtained from the High Court, was that there was a threat to the accused persons’ fundamental right of liberty, dignity and movement.
This issue was heightened by the ploy of the Nigerian Police to arrest the defendants at the court premises and trump up fresh charges against them in a concerted attempt at harassment and intimidation. Given the surrounding circumstances, the defendants’ presence at court would be a suicide mission and a serious risk to a further breach of their fundamental rights.
The Counsel further submitted that the effect of the order of the superior Court divest court of the Jurisdiction to make any order other than an adjournment sine dine. Having canvassed his argument as to the trite position of the law on the issue, the learned Magistrate surprisingly went ahead to issue a bench warrant against the defendants and their sureties, in direct defiance of the Order of a superior Court and the fallouts of this action might reveal and further escalate the collusions of Law and Politics.
Our reporter in the course of investigating the precedence to this showdown, discovered that the Court was scheduled to hear a charge against some members of the Royal family of Idumuje-Ugboko Community. His investigation further revealed that these charges were fabricated by power brokers in the community, with vested interests in a portion of land in the community. The defendants are opposed to these interest; hence, these charges were made by the power broker’s agents to distract the accused persons and clear the path of resistance.
An undisclosed source informed us that the Commissioner of Police had previously been served with an order restraining him and his officers from detaining, arresting, harassing and intimidating the defendants. Intriguingly, the court records show that the police have already been accused of defying the restraining order and are currently undergoing contempt proceedings.
