NJC nullifies Abia CJ’s suspension, says action illegal

*Lawyer commends NJC for upholding the law.

The National Judicial Council (NJC) has nullified the removal of the Chief Judge of Abia State, Justice Theresa Uzokwe, by the State House of Assembly, saying that the action of the lawmakers is illegal, unconstitutional, null and void.

The NJC, presided over by its Chairman, who is also the Chief Justice of Nigeria (CJN) Justice Walter Onnoghen, had during an emergency meeting on Wednesday considered and agreed that the recent suspension of Justice Uzokwe and the swearing-in of Justice Obisike Orji as the Acting CJ of the state by Governor Okezie Ikpeazu as Illegal.

According to the NJC, the decision to suspend the CJ and the swearing-in of an Acting CJ without the input of the NJC was unconstitutional.

The NJC’ s decision was stated in a statement by its Director of Information, Mr. Soji Oye and made available to journalists on Wednesday.

The Daily Times recalls that the Abia State House of Assembly had on Friday suspended the CJ Uzokwe, over alleged acts of tyranny and gross misconduct.

The suspension followed a petition presented on the floor of the Assembly on matter of urgent public importance by the member representing Ukwa West Constituency, Hon Mezie Nwubani.

The petition was dated January 22 and captioned “Justice Theresa Uzokwe’s unending acts of tyranny, infamy, gross misconduct and incompetence: Urgent need to save the administration of justice in Abia”.

The petition was jointly signed by Dr Anthony Agbazuere and Mr Obinna Nkume, the Executive Director and Director, Legal Services of the Global Centre for Peace and Justice, an Umuahia-based non-governmental organisation.

But the NJC while frowning at the development said its attention had been drawn to the crisis in Abia State Judiciary by petitions written against Justice T.U. Uzokwe and the one written by the Chief Judge against Justice C. U. 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.

The statement by the NJC reads in part “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 CJ.

“In view of the foregoing, NJC resolved as follows: The suspension of the CJ of Abia State by the State House of Assembly without a prior recommendation by the NJC violates the provisions of the 1999 Constitution (as amended).

“Consequently, the subsequent act of appointing and swearing-in of Justice Obisike Orji as the Acting CJ is invalid for being unconstitutional.

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

” In view of the recent escalation, the NJC, in the interest of the smooth administration of justice in Abia State, resolved to direct the CJ, Justice T. U. Uzokwe, to stay away from duties pending Council’s final decision after consideration of the report of its panels” .

Meanwhile, a constitutional lawyer and human rights activist, Dame Carol Ajie, has commended the NJC for upholding the rule of law.

Ajie, who was reacting to the development last night, said that the executive and legislative arms of government have no power to suspend, sack or remove judges

She reiterated the verdict of the Supreme Court in Chief Judge Raliat Elelu—Habeeb vs- Attorney General of Kwara State (2012) 13 NWLR part 1318, page 423, which declared that NJC is the only institution thus far, recognized 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

She cited the combined reading of sections 6(2), 292(1a) and paragraph 21(c ) (d) (f) Part 1 of the Third Schedule of the 1999 Constitution (as amended) to buttress her submissions.