The Independent Judicial Accountability Panel (IJAP) has criticized the Supreme Court’s February 28 ruling on the Rivers State political crisis, stating that it failed to make a clear pronouncement on the legitimacy of the 27 lawmakers who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
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At its inaugural meeting in Abuja, held from March 11 to March 14, 2025, the panel—comprising retired justices of the Court of Appeal, legal practitioners, academics, and civil society representatives—reviewed recent judgments of public interest, including the Supreme Court’s rulings on the Rivers State House of Assembly dispute.
Retired Justice Mojeed Owoade, who chaired the 11-member panel, noted that while the Supreme Court acknowledged the defection of the lawmakers, it did not explicitly rule on whether their seats were legally vacant or if they remained legitimate members of the Rivers State House of Assembly.
“The judgment of the Supreme Court in the consolidated appeals leaves a gap as to whether the issue of the alleged defection of 27 members of the Rivers State House of Assembly is still alive or has been settled,” Justice Owoade stated. “This is because the court made comments on the issue of defection without actually addressing it.”
The Supreme Court had ruled in favor of the defected lawmakers in two separate judgments—halting federal allocations to Rivers State until Governor Siminalayi Fubara resubmits the 2024 budget to the Assembly and nullifying local government elections conducted in the state. However, it did not decide on the lawmakers’ defection, a matter that could have given Fubara a political advantage.
The panel raised concerns that the lack of a clear pronouncement on the defection issue has left room for legal and political uncertainty in Rivers State. It warned that judicial ambiguity undermines public confidence in the judiciary.
“Complex and lengthy judgments of courts defy easy comprehension and therefore undermine public trust,” Owoade warned.
As part of its recommendations, the panel urged courts to:
- Start judgments with a summary of facts for clarity.
- Use simpler legal language to ensure accessibility.
- Mention names of parties in the body of judgments rather than relying only on their legal designations.
- Ensure timely online publication of judgments for easy public access.
The panel further emphasized that judicial officers must uphold their oath of office and called on politicians to refrain from interfering in judicial processes.
“Politicians should generally avoid undue influence on the judiciary and be more accommodating of each other in the interest of their people,” Owoade added.
The Supreme Court’s ruling has intensified political tensions in Rivers State. Earlier this week, lawmakers shut the gates of the Assembly complex, preventing Governor Fubara from gaining entry. They later announced an indefinite recess, a move that could stall the resubmission of the state budget.
The judicial panel’s findings have reignited public debate on judicial accountability in Nigeria, particularly in cases with significant political implications.
Other members of the independent panel include retired Justices Chinwe Iyizoba and Oludotun Adefope-Okojie of the Court of Appeal, alongside legal experts and civil society leaders such as Okechukwu Ibeanu, Jummai Audi, Mac Imoni Amarere, Sechap A. Tsokwa, Andrew Mamedu, Judith Gbagidi, Funmi Olukeye, and Celestine Okwudili.
The panel vowed to continue monitoring judicial decisions and advocating for transparency, urging Nigerian citizens to actively engage in judicial accountability efforts.
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