NJC nullifies suspension of Abia CJ
The National Judicial Council (NJC) has declared the suspension of the Chief Judge of Abia State, Justice Theresa Uzokwe, as unconstitional. In a statement signed by the council’s Director of Information Soji Oye at the end of the Emergency Meeting presided by the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen on January 31, […]
The National Judicial Council (NJC) has declared the suspension of the Chief Judge of Abia State, Justice Theresa Uzokwe, as unconstitional.
In a statement signed by the council’s Director of Information Soji Oye at the end of the Emergency Meeting presided by the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen on January 31, the NJC said the swearing in of Justice Obisike Orji as the Acting Chief of the state by Governor Okezie Ikpeazu, without the input of the NJC is "unconstitutional, null and void."
The council resolved to query the Acting CJ Orji for presenting himself for the swearing-in, and advised the appointment of Justice Onuoha Arisa Kalu Ogwe, the next most senior Judge to act until the determination of the petitions against Justice Uzokwe.
Some of the resolutions of the NJC include:
"One, the suspension of the Chief Judge of Abia State by the State House of Assembly without a prior recommendation by the National Judicial Council violates the provisions of the Constitution of the Federal Republic of Nigeria.
"Two, consequently, the subsequent act of appointing and swearing-in of Hon. Mr. Justice Obisike Orji as the Acting Chief Judge is invalid for being unconstitutional.
"Three, furthermore, the conduct of Hon. Mr. Justice Obisike Orji in presenting himself to be sworn-in raises potential questions of misconduct that Council is now looking into.
"Four, council therefore resolved to query and suspend the Hon. Mr. Justice Obisike Orji pending the outcome of its investigation.
"Five, 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, Hon. Mr. Justice T. U. Uzokwe, to stay away from duties pending Council’s final decision after consideration of the report of its Panels.
"Six, in the prevailing circumstance, whereby the National Judicial Council 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 Hon. Mr. 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."