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Socio-Economic Rights and Accountability Project (SERAP) has urged Governor
Okezie Ikpeazu of Abia State to “immediately withdraw his illegal
appointment of Justice Obisike Orji as the acting Chief Judge of the state
and restore Justice Theresa Uzokwe, who was unlawfully removed by the State
House of Assembly, back to her position as Chief Judge.”
The House of Assembly had on Friday passed a resolution suspending Justice
Uzokwe as the state’s chief judge. The speaker, Mr. Chikwendu Kalu, while
reading the resolution, set up 8-man ad-hoc committee to investigate
allegations of misconduct against the judge, and mandated Governor Ikpeazu
to appoint an acting chief judge pending the completion of the
investigation by the committee.
But SERAP in a statement today by its deputy director Timothy Adewale said,
“Rather than using their executive and legislative powers to promote good
governance and abolish laws granting double emoluments and large severance
benefits to former governors, the Abia State government is denigrating the
judiciary and displaying contempt for the rule of law.”
According to SERAP, “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.”
The organization said, “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).”
The organization said, “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 statement read in part: “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.”
*Signed*
*Timothy Adewale*
*SERAP deputy director*
*28/1/2018*
*Lagos, Nigeria*