Admin l Wednesday, January 31, 2018
UMUAHIA,Abia, Nigeria – The National Judicial Council, NJC has declared the suspension of Hon. Justice T. U. Uzokwe as chiefs Chief Judge of Abia State and the swearing in of Hon. Justice Obisike Orji as the Acting Chief Judge without input of the NJC as unconstitutional, null and void.
The Council also queried and suspended the Acting Chief Judge, Hon. Justice Obisike Orji pending the outcome of investigation and directed Justice T. U. Uzokwe, to stay away from duties pending Council’s final decision after consideration of the report of its panels.
In a statement after an emergency meeting of the NJC presided over by Honourable Justice Walter Samuel Nkanu Onnoghen, the NJC noted that in the course of investigation into the imbroglio 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.
“At the last Meeting of Council which was held on 6th December, 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 Hon. Mr. Justice Uzokwe and the swearing-in of Hon. Mr. Justice Obisike Orji as the Acting Chief Judge. In view of the foregoing, Council resolved as follows:
1) 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.
2) 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.
3) 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.
4) Council therefore resolved to query and suspend the Hon. Mr. Justice Obisike Orji pending the outcome of its investigation.
5) 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.
6) 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”, the NJC said in a statement by Director of Information, Mr. Soji Oye.
