Date Published: 09/20/11

Crisis looms in Abia over Appointment of Chief Judge

Chief Justice, Dahiru Musdapher

 As the tenure of the Acting Chief Judge of Abia state, Justice T.U Uzokwe , expires tomorrow, a constitutional crisis looms in the state. Uzokwe is the third acting chief Judge since the tenure of the former chief Judge, Justice Sunday Imo expired last December.

The politics of the appointment of the state chief Judge has lingered for too long due to vested interests.In the ensuing circumstance, Justices Ijeoma Offonri and Nnenna Oti, had served as Acting Chief Justices before Uzokwe mounted the saddle.

It would be recalled that the National Judicial Council(NJC), had at the retirement of Imo, recommended Offonri, the most senior Judge, as the substantive Chief Judge of the state.The Abia state of Assembly which was expected to screen and confirm her for the position after her name was forwarded by Gov. Theodore Orji, refused to invite her for the screening and confirmation.

Rather than confirm Offonri after her tenure as acting Chief Judge,the Abia parliament went on to appoint Oti in furtherance of the drama.This has continued to generate protests in the state, with the Aba branch of the Nigerian Bar Association condemning the plot to subvert the constitutional practice of appointing the most senior judge.

 This has brought the Aba NBA on collision course with the state legislature as the former allege that the latter failed to give a fair hearing to offonri by not inviting her for screening, look at her papers and confirm if she is qualified for the position as recommended by the NJC.Last week, the Aba NBA was left out of the vehicle donation exercise to Bar branches in the state, as the Umuahia , Ohafia and Isiala Ngwa branches benefitted from the gesture,which the Aba chairman , Charles Eduzor described as discrimination.

In a recent interview, the Speaker of the Abia House, Hon .Ude Oko Chukwu condemned the position of the Aba Bar, claiming that the House fulfilled her constitutional role in the matter. According to him,"people should understand the role of the legislature in such matters. Is it the duty of the Aba Bar to prescribe for the House, the screening procedure?The fact that we did not do what they expected us to do, does it mean that we didnt do what we are supposed to do?"

Pointblanknews sources revealed that the state is presently facing a constitutional crisis as the law stipulates that an Acting Chief Judge can only act for a period of three months and not more.The source added that the governor had few days ago, approached a sitting Judge,Justice S.O.E Nwanosike, for him to be appointed the new acting chief Judge, but the learned Justice is said to have rejected the offer, opting to stay out of the confusion as he nears his retirement in a year time.