BY CHUKWUMA CHIBU EZE, Owerri
The Nigerian Bar Association (NBA), Owerri Branch, has unequivocally denounced the Imo State House of Assembly’s purported commendation for the removal of the Chief Judge of Imo State, Hon. Justice T. E. Chukwuemeka-Chikeka.
The NBA’s reaction was in response to reports that the House of Assembly voted in favour of the recommendations made by its ad hoc committee and subsequently presented their decision to the Governor, Hope Uzodimma.
This was made known through a statement made available to newsmen, signed by the Owerri Branch, Chairman of NBA, Chief Chris Ihentuge and the Secretary, Daniel Odiba respectively.
The NBA confirmed that the House of Assembly had invited the Chief Judge to appear before the ad hoc committee to address a petition filed against her .
. However, the Chief Judge responded to the invitation letter, citing reasons for his inability to appear.
According to them, further investigations by the NBA revealed that the Chief Judge had approached the Federal High Court in Owerri, filing an action against the Attorney General of Imo State, the Speaker of the Imo State House of Assembly, the Imo State House of Assembly, and the National Judicial Council.
Chief Ihentuge revealed that the Federal High Court subsequently issued an Order of Interim Injunction, restraining the defendants from inviting or summoning the Chief Judge or taking any action based on the House of Assembly’s letter of invitation until the hearing and determination of the Motion on Notice.
The NBA confirmed that this order was duly served on the House of Assembly.
His words, "In response to these developments, the Executive Committee of the NBA, Owerri Branch, convened an expanded Advisory Committee meeting. The meeting yielded the following resolutions.
"The hastened action by the Imo State House of Assembly to recommend the removal of the Chief Judge is unconstitutional and goes against the settled position of the law, as established in ELELU-HABEEB & ANOR v. AG FEDERATION & ORS (2012) LPELR-15515 (SC). The Supreme Court held that the removal of a Judicial Officer, including the Chief Judge, must be based on the recommendation of the National Judicial Council.
"The Imo State House of Assembly must respect the principle of lis pendens and obey the positive order of Interim Injunction issued by the Federal High Court regarding the subject matter."
While highlighting that as a defender of the Rule of Law, the NBA will closely monitor the unfolding events and react appropriately as situations demand.
"The President of the Nigerian Bar Association, Y. C. Maikyau, SAN, will be immediately briefed on these developments to facilitate further actions."
Consequently, the NBA, Owerri Branch, assured its members and the public that it will provide updates on further developments in respect of this matter.
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