NJC Declares Abia CJ’s Suspension Illegal, Suspends Acting CJ

The National Judicial Council (NJC), has declared the suspension of Abia State Chief Judge, Hon. Justice T. U. Uzokwe by the State Assembly, as unconstitutional.

NJC under the Chairmanship of the Chief Justice of Nigeria, Hon. Justice Walter Samuel Onnoghen, also declared the swearing-in of Justice Obisike Orji in an acting capacity by Governor Okezie Ikpeazu without the input of the Council, as unconstitutional, null and void.

A statement signed by NJC’s Director of Information, Mr. Soji Oye, said the Council made a declaration at its Emergency Meeting, which held last week.

The Abia State House of Assembly had on January 26, 2018 suspended Justice Uzokwe over allegations of acts of tyranny, infamy, gross misconduct and incompetence, following a public petition by brought before the House by a civil society organisation, Global Centre for Peace and Justice.

Governor Ikpeazu however, appointed Justice Obisike Orji as the acting Chief Judge of the State, barely three hours after Uzokwe was suspended.

The NJC also directed the third most senior Judge in

the judiciary of the State, to step in as the Acting Chief Judge pending the conclusion of investigations of allegations of acts of misconduct levelled against Justices Uzokwe and Orji.

According to the Council, the suspension of the Justice Uzokwe 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.

NJC noted that its attention was drawn to the crisis in the Abia State Judiciary, by petitions written against Justice 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.

“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 the Council was informed of the suspension of Hon. Justice Uzokwe and the swearing-in of Hon. Mr. Justice Obisike Orji as the Acting Chief Judge.

“In view of the foregoing, the Council resolved as follows:

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.

appointing and swearing-in of Hon. Mr. Justice Obisike Orji as the Acting Chief Judge is invalid for being unconstitutional.

Mr. Justice Obisike Orji in presenting himself to be sworn-in raises potential questions of misconduct that Council is now looking into.

and suspend the Hon. Mr. Justice Obisike Orji pending the outcome of its investigation.

Council, in the interest of the smooth administration of justice in Abia State, resolved to direct the Chief Judge, Hon. Justice T. U. Uzokwe, to stay away from duties pending Council’s final decision after consideration of the report of its Panels.

the National Judicial Council has directed the Chief Judge not to perform her 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" NJC stated.

Reacting to NJC’s decision on the Abia Judiciary crisis, Ms Carol Ajie, Constitutional Lawyer and counsel to Justice Uzokwe, reiterated the dictum of the Supreme Court in Chief Judge RALIAT ELELU-HABEEB v ATTORNEYGENERAL OF KWARA STATE (2012) 13 NWLR Part 1318 page 423, that NJC is the only institution thus far, recognised 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 by the combined reading of sections 6(2), 292(1a) and paragraph 21(c ) (d) (f) Part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999, as amended.

While expressing gratitude to the NJC for upholding the law, Ajie enthused that those such as the executive and legislative arms of government, have no power to suspend, sack or remove Judges.