Firstly, the question whether the House of Representatives members should vacate their seats was not a question before Justice Ademola for determination. The only question for him to determine was whether the APC members with their numerical strength at that time had the right to change the House leadership such as the Majority Leader, Chief Whip and their deputies. So Justice Ademola had no business commenting on seats being vacated.

Secondly, it is highly unprofessional for one Judge to delve into a matter that is sub judice in another court. A Judge should not make comments on matters being litigated in another court. The question of seats being vacated or otherwise is being heard by Justice Ahmed Mohammed in the Federal High Court in Abuja. On 29 March 2014, Justice Mohammed said that the issue was still live before him and is not ripe for Judgment.

Whilst Justice Ademola’s comments are clearly obiter dicta, they are unnecessary and superfluous. They should therefore be completely ignored.

For the avoidance of doubt, Justice Adeniyi Ademola has NOT ordered the 37 members of the House of Representatives to vacate their seats. He was not competent to do so.

What Justice Adeniyi Ademola has done today, is to poke his nose into matters that clearly do not concern him. This is precisely the sort of mischief that is capable of bringing the bench into disrepute. The Chief Justice of Nigeria should take action against this mischief.

Culled from Razak Atunwa's Facebook Page