Speaking through his Chief Press Secretary, Mr. Doifie Ola, Sylva says the order and the processes leading to it are “a grave insult to the integrity of the judiciary”.
Governor Sylva notes that prior to the events of Wednesday, he had instructed his lawyers to do a permanent search at the court registry to monitor the judiciary in case his adversaries were up to any tricks. Through the search at the registry, his lawyers found the pendency of a suit filed by Dickson against INEC requesting for an order of mandamus to compel the electoral commission to publish his name as the PDP candidate for the 2012 gubernatorial election in Bayelsa State.
He explains that when the finding was brought to his attention, he instructed his lawyers to file a joinder, as an interested party, requesting a stay of proceedings on the suit, pending the determination of the motion for joinder.
Sylva observes that on Wednesday, 17 January, both parties were in court until 6.30pm, and about that time, the registrar of the court called the lawyer to Dickson into the chambers. The governor’s lawyer was not invited, but he followed them into the chambers. In the chamber, the judge, Mrs. Olotu, Sylva says, pointedly told his lawyer that she did not invite him, but the lawyer insisted he was an interested party in the matter and deserved to be there.
The governor notes that at this point, the judge threatened his lawyer with armed policemen, saying if he does not go away, the police would be instructed to throw him out forcefully. Out of respect for the institution of the judiciary, Sylva’s lawyer left the judge’s chamber, but he remained in court till 9pm, when about 100 policemen were brought into the court premises to forcefully chase out the lawyer and other sympathisers of Governor Sylva.
Sylva syas he later learnt that 15 minutes after the police action, after his lawyer and supporters had been chased out, an order was granted by the judge.
Sylva is aware that what Dickson sought was an ex parte motion for relief to compel INEC to put his name as PDP candidate. But the judge went ahead and granted not only the leave to compel INEC to publish the name, but also the mandatory order to compel INEC to put Dickson’s name as the PDP candidate.
The governor observes that in so doing, Justice Olotu determined the substantive relief sought by Dickson at the ex parte stage, which meant that INEC was not heard, his application for stay was not heard, and the relief Dickson was seeking has been heard at this preliminary stage.
Governor Sylva sees this process as strange to the country’s laws and bemoans the infractions as sad for democracy and the rule of law in the country. This, for him, shows clearly the desperation of the forces ranged against him and poses a threat not only to the people of Bayelsa State but the future of democracy in Nigeria.
“It is sad that on these matters that are awaiting determination at the Supreme Court, the highest court in the land, a judge of the Federal High Court of Nigeria will go ahead to hear and give a ruling,” Sylva notes. “This amounts to judicial rascality and impudence”
Governor Sylva observes that there was enough material before the court to show that the subject matter of Dickson’s application was a matter of litigation at the Supreme Court. He interprets the Justice Olotu’s action as sitting on an appeal that is before the Supreme Court.
Facts available to the governor indicate that there was no affidavit of urgency to the suit by Dickson. The suit was filed on Tuesday this week, assigned on Wednesday and heard on the same Wednesday.
Sylva sees the speed with which the matter has been determined as a clear pointer to the fact that the judge was interested not only in justice but in some other special interests.
Governor Sylva, however, remains confident in the judiciary and believes that despite the temporary setback, he would use the law to right the manifest injustice. He urges his supporters to remain calm, law abiding and peaceful, as they have always been.
He is in no doubt that the injustice cannot stand.
No comments:
Post a Comment