Emeka Etiaba, a prominent Legal Practitioner and lead counsel to the People’s Democratic Party (PDP), has asserted that petitioning Appeal Court judges will not overturn the verdict of the sacked lawmakers in Plateau State. Speaking in an interview on Arise TV’s morning show with Rufai Usani, Etiaba clarified that any petition would likely serve as a punitive or administrative measure rather than a remedy to reinstate the lawmakers.
Etiaba addressed the possibility of invoking a 2011 case, Ocha and Owen, for the reinstatement of the sacked Plateau PDP lawmakers. He, however, dismissed its relevance due to the time lag, emphasizing that the case might not be a suitable authority for the current situation. He stated, “We have not made up our minds on what line of action to come up with, but as much as I know, the case of Ocha and Owen will not be a good authority to rely on because of the time lag.”
While the PDP reserves the right to petition the Nigerian Judicial Council, Etiaba clarified that such a petition would not remedy the situation of bringing back the lawmakers but rather question the actions of the justices with a view to punishing them.
He however stated that the team of lawyers was still looking critically at the situation of the Plateau lawmakers as they believed that there were other options available, following the principle of “maxim Ubi jus, ibi remedium” – meaning ‘where there is a right, there is a remedy.
Expressing concern over the Appeal Court’s handling of the Plateau State Appeals, Etiaba criticized the creation of a single panel to handle all the appeals, deeming it unusual and resulting in erroneous judgments. He urged the Nigerian justice system to find ways to ensure judges adhere to settled authorities, emphasizing the need for accountability.
Etiaba called for the arrest of a Plateau legislator who made unguarded statements, stating, “When we get to the courts, we will know whom they know, and they will know whom we know.” He asserted that such a statement warranted a jail term and the individual should not be walking freely.
Commenting on the recent judgments of the Supreme Court, Etiaba highlighted the shift in the political landscape, indicating that it is no longer “business as usual” for politicians. He stressed the importance of the court scrutinizing legal matters without bias, as demonstrated in the recent Supreme Court decision reinstating Governor Caleb Mutfwang.
In response to justices of the Court of Appeal defending their judgments in public spaces, Etiaba criticized the practice, considering it a negative reflection on Nigeria’s judiciary. While expressing confidence in the tested justices of the Court of Appeal, he called out any justice deliberately overlooking the authority of the Supreme Court.
Etiaba concluded by emphasizing the need to question the actions of every stakeholder and to sanction lawyers who knowingly misinterpret the law.