NJC Suspends Abia Acting CJ, Queries Him for Accepting Illegal Appointment

  • Recommends Ogwe as replacement

Tobi Soniyi in Lagos

The National Judicial Council (NJC) has declared the suspension of Chief Judge, Abia State Justice T. U. Uzokwe, unconstitutional.

In a statement issued wednesday and signed by the NJC’s Director of Information, Mr. Soji Oye, the council suspended the acting Chief Judge, Justice Obisike Orji, who was appointed by the Abia State Governor, Dr Okezie Ikpeazu, following the purported suspension of the chief judge.

The council also queried the suspended acting chief judge.
It asked the Chief Judge, Justice. T. U. Uzokwe, to rescue herself pending the completion of investigation and consideration of the report of its panels

The statement read: “The NJC under the chairmanship of Justice Walter Samuel Nkanu Onnoghen, at its emergency meeting which held today, January 31, 2018, considered the recent suspension of the Abia State Chief Judge, Justice T. U. Uzokwe and the swearing-in of
Justice Obisike Orji as the Acting Chief Judge of the state by Governor Okezie Victor Ikpeazu and agreed that the decision to suspend the chief judge and the swearing-in of an acting chief judge without the input of the NJC is unconstitutional, null and void.

“It noted that its attention had been drawn to the crisis in Abia State Judiciary by petitions written against Justice Uzokwe and the one written by the chief judge against Justice Okoroafor, but in the course of the investigation by the committees set up by council, some elderly judicial officers of Abia State Judiciary waded in and pleaded with the committees to allow the matter to be resolved amicably by them, which was granted by council at its plenary.

“At the last meeting of council which was held on December 6, 2017, council directed the committees to continue and conclude with the petitions before them if there were no reports of the settlement by the peace makers.
“While this was going on, the problem escalated and council was informed of the suspension of Justice Uzokwe and the swearing-in of Justice Obisike Orji as the acting chief judge.

“In view of the foregoing, council resolved as follows: “The suspension of the Chief Judge of Abia State by the State House of Assembly without a prior recommendation by the NJC violates the provisions of the Constitution of the Federal Republic of Nigeria.
“Consequently, the subsequent act of appointing and swearing-in of Justice Orji as the Acting Chief Judge is invalid for being unconstitutional.

“Furthermore, the conduct of Justice Orji in presenting himself to be sworn-in raises potential questions of misconduct that council is now looking into.
“Council therefore resolved to query and suspend the Justice Orji pending the outcome of its investigation.

“In view of the recent escalation, council, in the interest of the smooth administration of justice in Abia State, resolved to direct the Chief Judge, Justice Uzokwe, to stay away from duties pending council’s final decision after consideration of the report of its panels.

“In the prevailing circumstance, whereby the NJC has directed the chief judge not to perform his duties, and the next most senior judge is suspended, the Governor of Abia State shall appoint Justice Onuoha Arisa Kalu Ogwe, the next most senior Judge to act as the Chief Judge of Abia State, pending council’s final resolution of the matter.”

Reacting to the NJC decision, constitutional and human rights lawyer, Carol Ajie, who is the counsel to Abia Chief Judge, Justice Uzokwe commended the council for its timely intervention.

She reiterated the dictum of the Supreme Court in Chief Judge Raliat Elelu—Habeeb vs- Attorney General of Kwara State (2012) 13 NWLR Part 1318 page 423 that NJC was the only Institution thus far, recognised by law with the exclusive authority to exercise disciplinary control over chief judges and other judicial officers and not the governor or state house of assembly by the combined reading of sections 6(2), 292(1a) and paragraph 21(c ) (d) (f) Part 1 of the Third Schedule of the Constitution of the Federal Republic of Nigeria, 1999, as amended.

Ajie enthused that those such as the executive and legislative arms of government would have no power to suspend, sack or remove Judges.

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