The Federal High Court in Abuja on Tuesday struck out a suit filed by a lawyer, Victor Nwadike, against Governor Hope Uzodimma of Imo State over his alleged failure to appoint the most senior judge as the state’s Chief Judge.
While Mr Uzodimma was the first respondent, the Attorney-General of Imo State and the National Judicial Council (NJC) were listed as second and third respondents respectively.
|
|
The judge, Mohammed Umar, in his ruling, declined jurisdiction to entertain the case.
He held that Mr Nwadike failed to show in his affidavit why he joined the NJC as a respondent in the suit, as neither the affidavit nor the prayers sought concerned the NJC.
|
|
|
|---|
“Joining the third respondent (NJC) is not enough,” the judge said. “The applicant must show in his affidavit or reliefs any claim against the third respondent; otherwise, this court will decline jurisdiction.”
“On the whole, this court declines jurisdiction to entertain this suit, and it is hereby struck out,” Mr Umar ruled, citing a previous Supreme Court decision to support his position.
The suit
In a motion filed on 2 July, Mr Nwadike sought leave to compel the Imo governor to immediately appoint the most senior High Court judge as Chief Judge of the state.
He said the application was based on Section 271(4) of the 1999 Constitutio
The lawyer said the Chief Justice of Nigeria (CJN) directed the governor to follow due process, but he failed to comply.
Mr Nwadike said the suit sought to compel Mr Uzodimma to obey the NJC’s directive and uphold the sanctity of the Constitution.
Judge Umar had, on 16 July, directed the applicant to address the court on why it should grant his reliefs, considering the issue of jurisdiction.
At the hearing on 22 September, the lawyer told the court that an order of mandamus “is a prerogative power of the court,” stressing that judges have the inherent authority to compel public officers to perform duties required by law.
He argued that by virtue of Section 66, the court could make an order of mandamus for a public officer to carry out functions assigned by law.
Mr Nwadike also cited several Supreme Court and U.S. Supreme Court precedents to back his submission. After Nwadike’s argument, the Judge fixed 21 October for ruling.
While delivering the ruling on Tuesday (today) the judge held that the NJC, having discharged its responsibility, had no further role in the matter.
He explained that a court’s jurisdiction depends on the applicant’s claims, but no specific claim was made against the council.
Mr Umar said paragraphs nine and ten of the supporting affidavit showed the NJC had already fulfilled its duty, adding that its inclusion in the suit was merely to confer jurisdiction on the court. He then struck out the case.
Most senior judge finally appointed
Meanwhile, the issue that prompted the suit has now been resolved.
The controversy over the appointment of a Chief Judge in Imo State began early in 2025 when Mr Uzodimma appointed Theophilus Nzeukwu as acting Chief Judge, bypassing more senior judges in the judiciary.
The appointment drew the ire of the NJC, which insisted that the governor’s action violated Section 271(4) of the Nigerian Constitution. The provision mandates that the most senior judge of a state’s High Court should be appointed as acting Chief Judge when the position is vacant.
In April 2025, the NJC directed Mr Uzodimma to reverse the appointment and comply with the Constitution. The council reiterated its directive on 26 June 2025, warning that it would not condone executive interference in judicial appointments.
Defying the order, the governor allowed Judge Nzeukwu to remain in office.
READ ALSO: Lawyer accused of defaming Uzodimma spends 25 days in detention
This led to disciplinary action by the NJC, which in June 2025 sanctioned the judge for accepting the appointment in violation of judicial ethics.
The council also restated that the governor had no discretion to overlook the most senior judge in the High Court hierarchy.
The prolonged impasse left the office of the Chief Judge of Imo State effectively vacant, stalling judicial activities in the state for months.
This prompted Mr Nwadike to file a suit of mandamus at the Federal High Court, asking the court to compel the governor to obey the NJC’s directive and appoint the most senior judge as acting Chief Judge of Imo State.
The court had fixed 21 October for ruling.
However, before that date, on 28 September 2025, Mr Uzodimma complied with the NJC’s directive by swearing in Ijeoma Agugua, the most senior judge of the Imo State High Court, thereby effectively resolving the dispute.
Discover more from Premium Times Nigeria
Subscribe to get the latest posts sent to your email.
