Reports by some section of the Nigerian media that a Federal High Court in Osogbo has ordered the National Assembly to commence the impeachment of President Buhari is misleading and inaccurate, The Precision has learnt.
Human Rights Lawyer, Inibehe Effiong made this clarification on his social media handle, facebook after reports on the court judgment went viral.
“The court granted leave to the Plaintiffs to commence judicial review. The substantive suit has not been determined.
“Judicial review is the process/procedure of seeking intervention of the Court to compel the performance of an action by a public officer/institution (Mandamus) or to set aside an administrative or quasi-Judicial proceedings or decision (Certiorari). It is a two stage process,” Effiong said.
He added that Nigerian journalists must be abreast with the basic and elementary rules in reporting judicial matters.
“An Applicant must first seek and obtain leave of court by motion ex parte (in the absence of the other party) before he can properly commence judicial review (usually by originating summons). The actual review is done with the participation of the two parties, not ex parte.
“No Court in Nigeria will order the impeachment of the President ex parte, without affording the President and the National Assembly an opportunity to be heard. I believe the reporter got it wrong on what transpired in court. I don’t want to go into the merits of the case,” he said.
Mr Effiong advised Nigerian media on judicial reportage which according to him requires special training to appreciate basic and elementary legal actions and procedures.
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