The recent issues of the PDP chairmanship stool where 2 courts of codinate jurisdiction gave 2 conflicting orders thereby thwarting the much publicise convention in PH today is worrisome

I feel the way out of this mess or poo of conflicting judgements are .

Determination of jurisdiction : Before courts should grant to hear any case, they should first of all determine their jurisdictions as regards that case If not, then the parties should have recourse to the state high court where the cause of action arose or where the defendant resides. 

sharing of court orders through weekly publication [/b]This is another area where courts can avoid conflicting orders . I remember the days of Gani fawehinmi , there were publications of courts judgements weekly .
These avails every court the privileges to get afore info on the judgements or orders from superior courts or coordinate jurisdiction .
The judges are not wizards or witches to know which judgement have being passed in time pass and they cant be reading such on pages of newspapers as well

[b]
prove of court orders or injunction by defendants or prosecutors The onus of proof lies with the defendants to prove that the case to be heard by a co-odinate jurisdiction have being decided by same court of co-odinate jurisdiction b y bringing same to his attention   since  a high court is bound to follow decisions of the Court of Appeal and the Supreme Court, being superior courts. It is, however, not bound to follow a decision of a court that has co-ordinate jurisdiction .

If the court proceed to hear the case after the proof, , then the judge would have acted improperly and should be sanctioned appropriately but in the case of PDP, I am yet to read where such actually happened for the judges to decline hearing .
I am aware that during Saraki issue, his case was kicked out by Justice Abdulkadiri kafarati of the FHC in Abuja when The FG lawyer prove that such case have being heard by another FHC in lagos .

www.herald.ng/sarakis-case-abuse-court-process-says-judge


sanctions should be given to lawyers and members of the bench

There should be a disciplinary actions to anyone who aid and abet abuse of court process , The NJC should rise up to the challenges and ensure that the system is sanities of any judges who have abuse the system and work hand in hand with the politicians to destroy the temple of justice
The lawyers both from the prosecution and defendants have being culprits of these shameless act not absolving the willing judges as well who wants cases to be decided in his temple to boost his CV. The Chief Judge of the FHC should ensure fairness in assigning case and look out for any judge who loves to entertain a particular case from a particular set of people .

Its also funny that FG knows which court to go if they want a particular sets of judgements or order and will frustrate every efforts to appear before another sets of judges cos they find them not friendly in judgement

The case of Dasuki comes to play

protections of the judiciary members
[/b]You will all agree that the judiciary have come under attacks that are unwarranted most times due to their judgment which some elements find not favorable.
The politicians and the executives have use this tools to intimidate some judges and a situation where the  promotions of these judges are being influenced by them speaks volume

How come we have executive [b]IMUNITY but not even the CJN got any immunity let alone the president of the court of appeal nor the chief judge of the FHC .
yet, Governors and President got while the SP and Speaker are working out theirs .
I believe if this is looked into, The idea of judges getting intimidated wont arise and they will be able to dispense judgement without fear or favor .

It was in this country that A governor in the SS region locked the court cos he felt the judge in the state wont do his bid despite outcry and directive  from the NBA,NJC
This shows the greater influence of the executive on the judiciary and this is worrisome .


Personally , I am not too comfortable with happenings in our political system and the arms of govt, we need to sanitize the system and build a workable institution .

The legislature should make laws for the interest of the state and the people

The Executive should execute orders and laws and obey every judgement irrespective of their disposition towards it through the AGF and all its agencies

The Judiciary should live up to its names ( Hope of the common man) by dispensing judgments in fairness and truth  


SENATORBAYOR member of Political Forum