4 years after, Court of Appeal authorises Abia to appoint judges

By Emmanuel Iheaka

A Court of Appeal sitting in Owerri, Imo State, has dismissed an application seeking to stop Abia State government from appointing judges in the state.

Delivering a lead ruling on Wednesday, Honourable Justice Ntong Ntong, said the application lied against the Court of Appeal and had no basis in law.

Justice Ntong also presented the judgement of the other two members of the appeal panel, Honourable Justices F. O. Omoleye and Lawal Abubakar which he stated concurred with his.

The applicants, Mr. E. E. Agwulonu and Nkume Ijeoma Oluchi for herself and the 2022 shortlisted candidates for appointment as judges, had filed a Motion on Notice seeking a leave of the Court of Appeal to appeal against the judgement of National Industrial Court in 2024.

The National Industrial Court had ruled that Abia State government should go ahead with the 2024 judicial process of appointment of judges, acknowledging it as a new process different from the 2022 appointment exercise which has become a subject of litigation with cases pending in court due to allegations of corruption.

Justice Ntong noted that the law grants a period of three months for an appeal to be filed against a judgement, adding that an extension of the time can only be granted if the applicant provides good and substantial reasons for failing to appeal within the stipulated time and prima facie evidence of the need for the appeal.

The Justice held that the applicants’ claim that the Court of Appeal refused to hear their appeal was a lie, noting that the applicants’ had filed a motion of discontinuance after filing an appeal.

Justice Ntong submitted that the applicants not mentioning the motion of discontinuance in the application implied they were trying to be cunning.

He held that the applicants also failed to prove how the 2024 appointment exercise would infringe on their fundamental human rights.

He stated that granting such application would mean perpetually holding down the judicial process in Abia and subjecting residents of the state to denial of justice.

Justice Ntong therefore dismissed the application for lacking in merit and ordered that the applicants pay the sum of N1 million to the Attorney General of Abia State, Sir Ikechukwu Uwanna, SAN (1st respondent); Abia State Judicial Service Commission (2nd respondents) and the National Judicial Commission (3rd respondent) as cost of damages.

He reminded the parties that the Court of Appeal is the final arbiter in such matter, as the Supreme Court had ruled in the past.

Reacting to the judgement, the Attorney General of Abia State, Sir Ikechukwu Uwanna, SAN, described it as a liberation for Abia.

“The Justices have liberated the judiciary in Abia State from shackles of operation.

“Over the past few years, the Abia State judiciary has not been able to appoint judges and that has stalled the process of administration of justice in Abia State. They have liberated Abians”, he submitted.

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