Lawyer Institutes Suit against Uzodimma over Acting Chief Judge Appointment

A legal practitioner on Wednesday instituted a suit to force Governor Hope Uzodimma of Imo State to appoint the most senior judge of the Imo State High Court as the state’s Chief Judge.

The lawyer, Victor Nwadike, referenced constitutional provisions and the recommendation of the National Judicial Council (NJC) in his suit.

Southeastposts learnt that he filed the suit on 2 July with the governor, the attorney-general of the state and the NJC sued as the defendants.

Southeastposts reports that the applicant appeared before the Federal High Court in Abuja on Wednesday where he filed the action to apply for leave required to fully commence the action seeking an order of mandamus against the governor.

The application was brought before Judge Mohammed Umar as an ex parte motion, which is heard in the absence of the adverse parties.

Mr Nwadike prayed the court to compel Governor Uzodimma to appoint the most senior judge of the Imo State High Court as acting Chief Judge, in line with Section 271(4) of the Nigerian constitution.

The suit comes following a stalemate that has kept the office of the Imo State Chief Judge in limbo.

Southeastposts recalls that the crisis began in April, when Governor Uzodimma passed over the first three most senior judges of the Imo State High Court to appoint Theophilus Nzeukwu, as the acting chief judge, thumbing his nose at established tradition of deference to seniority in judicial appointments.

Reacting at its meeting in April, the NJC roundly rejected the appointment for disregarding the seniority principle, which, it said, was based on constitutional provision.

The council emphasised that the constitutional provision on acting appointments of state chief judges does not leave room for discretion, quoting the relevant section as saying: “…the governor shall appoint the most senior judge of the High Court to perform those functions.”

In addition to the directive to Governor Uzodimma, the NJC issued a query to Mr Nzeukwu, asking him to explain within seven days why disciplinary action should not be taken against him for presenting himself to be sworn in contrary to constitutional provisions.

The NJC held a meeting in June where Mr Nzeukwu’s response to the query and the entire circumstances of the matter were reviewed.

It resolved to send the judge on compulsory retirement for accepting to be sworn in as the Imo State acting chief judge in breach of constitutional provision.

The NJC also restated its stance, directing Governor Uzodimma to reverse his appointment of and comply with its directive to swear in the state’s most senior judge instead.

The governor did not respond to earlier resolutions, prompting Mr Nwadike to file an action to resolve the logjam.