17/01/2026
Since yesterday, the social media has been replete and awash with several posts on the propriety or otherwise of the Order of the Rivers State High Court made by Hon. Justice Fiberisima.
Surprisingly, most of the opinions were offered by commentators who are neither lawyers nor learned.
Many proponents are of the opinion that a Court of law cannot restrain the legislature from carrying out their constitutional responsibility, and to that extent, they argue vigorously that the said Order is a nullity.
However, I think it's important to state that ordinarily, a Court of law will not and ought not interfere with the activities of the legislature, but it's noteworthy that the jurisdiction of the Court is not ousted from so doing, hence in appropriate circumstances, when it's established that the proper course or procedure has not been adhered to in carrying out legislative duties, the Court of law would make the necessary Order by restraining the legislature from taking further action/step, and in extreme cases, the Court will make an Order expunging, annulling or setting aside whatever the law makers must have done.
Assuming without conceding that the Courts have no jurisdiction to restrain the legislature from taking certain actions, it's important to critically look at the Order under discourse; the Order is not directed to the Rivers State House of Assembly. Rather, it is directed to the Chief Judge of the State, restraining him from doing certain things. Consequently, it's submitted that the learned Judge acted wisely and properly handed down the Order since she did not restrain the lawmakers from doing anything.
Further to the above, the RSHA should proceed with the impeachment proceeding if they think it's practicable without the Chief Judge doing what's needed of him in impeachment proceedings.
Let me add that, even if the Order of Court is directed to the lawmakers, and they strongly feel that it's a nullity, they still have no choice than to obey the Order until it's set aside on appeal or by a superior Court.
Your Backyard Lawyer.
