![Gov. Hope Uzodinma of Imo State [PHOTO CREDIT: @Govhopeuzodinma]](https://i0.wp.com/media.premiumtimesng.com/wp-content/files/2024/08/EOtohu2U0AEg7LM.jpeg?fit=1080%2C724&ssl=1)
A lawyer has instituted a suit to compel Governor Hope Uzodinma 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, cited constitutional provisions and the recommendation of the National Judicial Council (NJC) in his suit. He filed the suit on 2 July with the governor, the attorney-general of the state and the NJC sued as the defendants.
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On Wednesday, the applicant appeared before the Federal High Court in Abuja where he filed the action to apply for leave required to fully commence the action seeking an order of order of mandamus against the governor.
An order of mandamus is a judicial remedy in the form of a command compelling a public official to perform a duty they are legally obligated to complete.
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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 urged the court to compel Governor Uzodinma 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.
According to him, it is an “order granting leave to the applicant to apply for an order of mandamus compelling the Governor of Imo State to appoint the most senior judge of the High Court of Imo State to perform the functions of the Chief Judge of Imo State forthwith, without delaying a day more.”
The suit comes amid a stalemate that has kept the office of the Imo State Chief Judge in limbo.
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 stressed 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 budge, prompting Mr Nwadike to file an action to resolve the logjam.
Lawyer urges judge’s approval
The News Agency of Nigeria (NAN) reports that Mr Nwadike, while moving his motion on Wednesday, maintained that he had sufficient interest to bring the action.
But the judge, Mr Umar, raised the issue of jurisdiction, asking the lawyer why he joined the NJC “in the suit”.
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Responding, Mr Nwadike said NJC had recommended that the most senior judge be appointed, and was joined in the suit because of its role in the matter.
In an affidavit filed in support of the motion, Mr Nwadike cited the 30 April statement of the NJC directing the governor to appoint the most senior judicial officer in the State High Court’s hierarchy as the acting chief judge of the state in line with the constitutional provision.
He added that the NJC reiterated the directive in June, but the governor had yet to comply.
“To date, the 1st defendant (Governor Uzodinma) has failed to appoint the most senior judge of the High Court of Imo State to perform the functions of the Chief Judge,” Nwadike said.
He told the court that his suit seeks to safeguard the sanctity of the Constitution and the interest of justice.
The judge adjourned the matter until 22 September for ruling and directed the lawyer to address the court on the issue of jurisdiction at the next sitting.
He said the court would resolve jurisdiction before ruling on the application.
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