A political party, the Action Peoples Party has sued the governor of Imo state, Senator Hope Uzodimma, and the National Judicial Council, over the appointment of Justice Chukwuemeka Chikeka as the Chief Judge of Imo state.
Other Defendants in the suit are the Attorney General and Commissioner of Justice, Imo state, and Justice Chukwuemeka Chikeka.
By the suit filed at the Federal High Court sitting in Abuja, the Plaintiff is asking the court to order the National Judicial Council to discipline Justice Chikeka, for judicial misconduct.
The APP, in the suit filed by its lawyer, Barrister Obed Agu, is also praying for an order restraining Justice Chikeka from further parading himself as the Chief Judge of Imo state.
Furthermore, the party is seeking an order directing the NJC not to give effect to any correspondence emanating from the office of the Imo Chief Judge.
The Plaintiff also wants the court to order Justice Chikeka, to return all the salaries and allowances he has collected for occupying that position illegally.
An affidavit in support of the originating summon, deposed to, by one Emmanuel Okereke, a litigation secretary in the law firm of Barrister Agu, stated that Governor Uzodinma, appointed Justice I.O Agugua, as the Acting Chief Judge of Imo state in line with Constitution of the Federal Republic of Nigeria following the retirement of the then Chief Judge in 2021.
“Upon the completion of the statutory acting period of Justice Agugua, the 1st defendant (Uzodinma) jumped the 2nd most senior Justice of Imo State High Court and appointed the 3rd defendant as the Acting Chief Judge in violation of the 1999 Constitution, as amended.
“That the 3rd defendant is fully aware that she was not the most senior Judge of the High Court of Imo state when she offered herself to be sworn in as the Acting Chief Judge of Imo State in clear violation of the Constitution.
“That the action of the 3rd defendant in offering herself to be sworn in as the Acting Chief Judge of the Imo state is contrary to the code of conduct for judicial officers which the 3rd defendant swore to uphold.
“That the action of the 3rd defendant is unbecoming of a judicial officer and has lowered and desecrated the hallowed institution of justice.
“That I know as a fact that the Constitution provides that in case of vacancy in the office of the Chief Judge of any High Court of Justice in Nigeria, that the governor shall appoint the most senior Judge of the High Court in acting capacity pending the appointment of the
substantive Chief Judge.” (Sunday Independent)
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