Protests Greet Sacking Of Abia Chief Judge

The suspension of Abia State Chief Judge, Justice Theresa Uzokwe, by the state House of Assembly on Friday has drawn a lot of condemnations.

Recall that the State House of Assembly had earlier on Friday suspended Justice Uzokwe over alleged acts of tyranny and gross misconduct.

They mandated the state governor to appoint an Acting Chief Judge pending the outcome of an eight-man panel investigating the matter.

Abia Governor, Okezie Ikpeazu had appointed Justice Obisike Oji as the Acting Chief Judge of the state barely three hours after the State House of Assembly suspended the incumbent, Justice Uzokwe.

While reacting to the development, the ousted Abia Chief Judge described her ‘purported’ suspension by the State House of Assembly as “stage-managed and atrocious.”

Justice Uzokwe through her counsel, Carol Ajie, claimed she did not receive any copy of the petition dated January 22, 2018, upon which the Abia Reps removed her.

“Shouldn’t she have been served so that we could look at it and respond to it?” Ajie queried.

The counsel disclosed that the speaker of the assembly, the state attorney general and the entire Abia State executive all had a role to place in her suspension.

“Justice Uzokwe is the Chairman of the Abia State Judicial Service Commission (JSC) by virtue of her office. But, the state Attorney General, Kalu Umeh (SAN), set up a parallel JSC, which purported to have terminated the appointment of the Chief Registrar of the state High Court, Elizabeth Akwiwu-Chukwu, and appointed Ben Anyanwu as new chief registrar.

“Furthermore, posting of magistrates from one jurisdiction to another within the state by the CJ was resisted and unlawfully countermanded by the AG. This was done on the ‘authority’ of his parallel JSC between November and December 2017,” She said.

The lawyer faulted the lawmakers, which cited section 292(1)(ii) of the Constitution of the Federal Republic of Nigeria 1999 in performing the act.

Also lending its voice in protest, is a civil rights group, Socio-Economic Rights and Accountability Project (SERAP), who urged Governor Ikpeazu to immediately withdraw his “illegal appointment” of Justice Obisike

In a statement issued on Sunday by its Deputy Director, Adewale Timothy, SERAP argued that Justice Uzokwe’s removal violated Sections 292(1)(a)(ii) and 21(d) Part 11 of the Third Schedule to the 1999 Constitution.

The statement reads: “The purported suspension of Justice Uzokwe violates sections 292(1)(a)(ii) and 21(d) Part 11 of the Third Schedule to the 1999 Constitution of Nigeria (as amended), and amounts to a blatant attack on the integrity and independence of the judiciary. No judge anywhere in Nigeria can be removed without the involvement of the National Judicial Council (NJC), no matter the level of allegations of misconduct against that judge.​”

“Governor Ikpeazu must rescind his illegal appointment of a new chief judge, and the Abia State House of Assembly must withdraw the apparently politically motivated suspension of Justice Uzokwe without further delay. Doing so will be entirely consistent with the decision of the Supreme Court of Nigeria in the case of Raliat Elelu-Habeed & anor v Attorney General of the Federation and Attorney General of Kwara State (2012).

”​If allowed to stand, the suspension of Justice Uzokwe would set a bad example to other state governments, and dangerously move them toward executive and legislative dominance and control over the judiciary. Should Ikpeazu and the House fail to restore Justice Uzokwe back to her position, SERAP will undertake appropriate legal action including before the NJC and the UN special procedure mechanisms, to seek justice and effective remedies in this matter.

“The suspension also infringes the constitutional principle of the separation of governmental powers. Constitutional guarantees are meant to protect the judiciary from the political caviling that removal power often engenders. The benefits of the integrity of the judiciary should never be supplanted by the temerity and excessiveness which political powers often breed.”

“An independent judiciary is the foundation upon which the entire structure of our constitution rests. The suspension of Justice Uzokwe is a serious threat to this independence, and any impression that this principle is being improperly eroded should be directly and speedily addressed.

“Justice Uzokwe would seem to be a victim of the government’s plan to harass judicial officials in Abia State. Neither the House of Assembly nor Ikpeazu is constitutionally authorized to suspend Justice Uzokwe without the participation of the NJC.

“The independence of the judiciary is a barrier to despotism and necessary to secure a steady, upright, and impartial administration of the laws. This independence ought to be promoted and protected by the Abia State government. Executive and legislative invasions of it should never be allowed to stand.

“A judge is in no sense under the direction of the government. The judiciary is in a place apart, and constitutionally independent. It is of supreme importance, not only that justice be done, but that litigants before the court and the public generally understand that it is being done and that the judge is beholden to no one but God, his/her conscience, and the judicial oath.

“The framers of our constitution sought to establish the judiciary’s independence and remove undue influence by both the executive and legislative branches by prescribing due process of law for removal of judges.”