The Nigeria Bar Affiliation (NBA) Calabar Department, Cross River State has declared that if the employment of the 29 protesting magistrates engaged by the Cross River State Authorities is unlawful and fraudulent, all of the judgments they delivered have equally develop into nullity.
Chatting with DAILY POST through cellphone on Thursday, the Chairman of NBA, Calabar Department, Bar Paul Ebiala acknowledged that if the employment of the 29 protesting magistrates is unlawful and fraudulent as alleged by the Lawyer Common and Commissioner for Justice within the State, the judgement they delivered prior to now two years can also be a nullity as they haven’t any jurisdiction.
The Lawyer Common had alleged that the employment of the 29 magistrates was fraudulent because the State Governor, Prof Ben Ayade didn’t authorise or approve it.
He had additionally threatened to sue the magistrates.
However reacting, the NBA chairman mentioned, “We’re speaking about implications as a result of I didn’t take part within the employment, I don’t know what they noticed that they have been alleging fraud, till the info are revealed.
“The one factor I can say within the circumstance is the implication of what the Lawyer Common mentioned, merely, if their appointments have been fraudulent and unlawful, then in fact they haven’t any jurisdiction to take a seat after they have been sitting, that’s the that means.
“What the Lawyer Common mentioned on behalf of the Governor means, subsequently, that each one the judgments that had been delivered by these magistrates could be a nullity as a result of they haven’t any jurisdiction to take a seat in that capability.
“Till the individual is employed correctly, following due course of, he can’t assume the operate of a judicial officer, you can’t assume such workplace in case you are not employed correctly and documented by a correct company of presidency, Till we resolve it, we don’t know who’s talking the reality.”
“The one factor why the NBA is concerned is that individuals who have been attorneys, who are actually magistrates and judges, are affected, they can not go there and discuss, we’ll take it as a accountability to speak on their behalf.
“The opposite factor we are able to do is that in the event that they wish to go to court docket, Nationwide Industrial Courtroom to problem no matter could come, we are able to help by elevating a staff of attorneys freed from cost to defend the magistrates,” he reiterated.