Why Justice Barka Must Not Be Allowed to Hijack Rivers Case Transferred to a Special Panel-HURIWA
The Human Rights Writers Association of Nigeria (HURIWA) has raised serious concerns over recent developments in the legal handling of cases involving Rivers State. Specifically, HURIWA is alarmed by the actions of Justice Barka, the Presiding Judge of the Abuja Court of Appeal, who they allege is involved in a plot to influence decisions unfavorable to Rivers State. HURIWA has called on the National Judicial Council (NJC), the Chief Justice of Nigeria (CJN), and the President of the Court of Appeal (PCA) to investigate Justice Barka’s actions, which the group fears could undermine the financial stability of the state.
HURIWA’s alarm comes amid a series of judicial controversies involving Rivers State. On November 14, 2024, a special panel was set up to hear appeals concerning the state, with matters scheduled for today’s hearing. However, last night, under what HURIWA describes as intense political pressure from forces allegedly linked to loyalists of former Governor Nyesom Wike, the special panel was abruptly disbanded. The disbandment followed a ruling by the same panel that favored Rivers State, leading to suspicions of external influence to manipulate legal outcomes.
According to HURIWA, Justice Barka, allegedly influenced by powerful political forces, disbanded the panel and reassigned its cases to his direct supervision. The organization argues that this move jeopardizes the impartiality of the judiciary and raises concerns about undue interference in the state’s legal matters, especially those tied to the control of federal allocations.
“This recent development is not occurring in isolation. Just days ago, the Abuja Division of the Court of Appeal, led by Justice Onyekachi Otisi, overturned a Federal High Court ruling that had halted the October 5 local government elections in Rivers State. The Federal High Court, presided over by Justice Peter Lifu, had initially restrained the Rivers State Independent Electoral Commission (RSIEC) from conducting the elections, citing jurisdictional issues and restrictions on the use of the 2023 voters’ register.
“However, the Rivers State government contested this decision, arguing that Justice Lifu lacked the authority to preside over state election matters. The Court of Appeal agreed, ruling that the Federal High Court had overstepped its bounds, as the relevant sections of the Electoral Act did not apply to state elections. This was seen as a significant legal victory for the Rivers State government, affirming the state’s authority over its electoral processes.”.
In light of these legal victories for Rivers State, HURIWA is troubled by the sudden dissolution of the special panel, especially as it coincides with ongoing financial disputes related to the state’s federal allocations. The organization believes that Justice Barka’s decision to consolidate these matters under his own jurisdiction could compromise the fairness of rulings, potentially disadvantaging the state in its legal struggles.
HURIWA highlighted the significance of maintaining judicial impartiality, particularly in cases that impact a state’s financial stability and autonomy. The group fears that if the judiciary is seen as susceptible to political influence, public trust in the legal system will erode, and the rule of law will be compromised.
In response to these developments, HURIWA urged the NJC, the CJN, and the PCA to urgently investigate Justice Barka’s actions. The organization emphasized the need for an independent and impartial judiciary, free from political pressures that might sway its rulings. HURIWA called for transparency in the handling of Rivers State’s cases, especially those involving the state’s financial interests, and insisted that any judge found to be compromised should face disciplinary measures.
“HURIWA stands for a judiciary that is accountable and free from manipulation,” the group stated. “The sudden disbandment of a special panel that was already delivering judgments indicates a worrying trend that needs immediate redress.
These recent judicial actions highlight broader tensions in Rivers State’s political and legal landscape. With cases concerning local governance, federal allocations, and party defections, the stakes are high”. HURIWA expressed concern that political actors might be using the judiciary to advance their interests, a development that could have far-reaching consequences for the state’s governance and financial health.
The human rights organization underscored the importance of fair legal processes for sustaining Nigeria’s democratic institutions and maintaining public confidence in the rule of law. It stressed that all legal matters should be adjudicated on merit without political interference, particularly when they involve significant financial allocations that could affect the welfare of the state’s residents.
HURIWA pledged to monitor the situation closely, mobilizing civil society to ensure transparency and fairness in all judicial proceedings affecting Rivers State. The organization also vowed to work with other advocacy groups to hold the judiciary accountable, protecting the rights and interests of states against any form of external manipulation.
The group called on the judiciary to maintain its independence and resist any pressures that could influence decisions on matters of national importance. According to HURIWA, only an impartial and independent judiciary can ensure the fair distribution of resources and uphold the democratic values that are fundamental to Nigeria’s unity.
Conclusively, HURIWA’s leadership reiterated its dedication to advocating for justice and transparency, urging the NJC, CJN, and PCA to take decisive action to protect the rule of law in Nigeria. The organization warned that any attempts to manipulate judicial outcomes not only damage the credibility of the judiciary but also threaten the stability and progress of Nigeria’s democracy.