A Federal High Court sitting in Umuahia the Abia State capital presided by Honorable Justice S.B Onu, has ordered parties involved in the 2024/2025 process of appointment Judges of Abia State to maintain status quo pending the determination of unresolved litigations at the Federal High Court , Umuahia and Abuja , National Industrial Court Owerri and Court of Appeal Owerri.
It will be recalled that the process of appointment of Judges in the state has been enmeshed in unresolved litigations since the year 2022 following a suit filed against the National Judicial Council, Chief Judge and the Attorney General in the state.
However while the case has remained unresolved another process for the appointment of Judges in the state was started last year 2024.
Dissatisfied by the development Uzoamaka Uche-Ikonne and anor ,approached the Court seeking an order to stop the process until all the cases concerning the process are determined by the court.
The plaintiffs said all the chairmen, Nigeria Bar Association Branches of Abia State are parties to the pending suit No FHC/UM/CS/2024 are disallowed by law from taking any step or commenting on the suitability of the shortlisted candidates during pendency of litigation over the 2024 process of appointment of Judges of Abia State in suit No:FHC/UM/CS 82/2024 at High Court Umuahia.
The petitioners stated that the shortlisting of the candidates in a later dated March 12, 2025 with Ref. JSC/S 83/11/176 by the Abia State Judicial Service Commission was not only made in a matter sub-Judice, but after the service of suit No:FHC/UM/CS 82/2024 of pending motion for interlocutory Injunction restraining the Abia State Judicial Service Commission from continuing or taking any further steps in the 2024 appointment of Judges during the pendency of the suit.
The petitioners stated, “That having regard to the operation of the rule of law, it is disrespectful and contemptuous of the judicial process of the Court for you to take the law into your hand by resorting to self-help over the subject matter of suit No FHC/UM CS/ 82/2024 pending at the Federal High Court Umuahia by going ahead to shortlist names of candidates for appointment as Judges shown in your letter dated March 12 2025.
“That by the subsisting policy of the National Judicial Council the 2024 process of appointment is already put on hold by reason of the pendency of suit No FHC/UM CS/ 82/2024 in which the NJC is a party thereto, and as such the purported names of the shortlisted candidates made pende-lite cannot be countenanced during the litigation and even after the litigation.
“That the above legal positions which lend credence to the aforesaid National Judicial Council policy and yield to the invalidity of the shortlisted candidates and any comments on their suitability made during pending litigation are well spelt out in the cases of Abiodun.V. CJ . Kwara State (2007) 18NWLR(PT1065)109at pgs115-118 and INEC .V. Youth Party (2003)7NWLR (PT1833)249at260-263”
The petitioners also warned that they will not hesitate to commence committal proceedings for contempt of court against all members of the Abia State Judicial Service Commission and any of the parties to the pending suit No FHC/UM CS/ 82/2024 for the above complained contemptuous acts or any further contemptuous steps taken over the subject matter of 2024 process of appointment of Judges of Abia State.
Meanwhile legal practitioners in the state are worried that the delay in the appointment of Judges is seriously frustrating justice delivery in the state.
A lawyer who carved anonymity said the High Courts have fewer Judges, adding what has been sustaining the state judiciary is the extension on retirement age of Judges.
“There are lots of awaiting trials cases with suspects languishing in the correctional centres without trials. The situation has worsened because retiring Judges in the state cannot be replaced” he lamented.
The 2022 shortlisted candidates by the then Chief judge Hon. justice Onuoha ogwe retired with ABIA state JSC (Judicial Service Commission).. shortlisted 6 names for high court 2 names for customary court of appeal making 8 vacancies, they have passed through all the processes including been interviewed by National judicial council,the body that recommends the appointment of judges . Because if they gave 8 they give 8 as backup and 16 were interviewed and 8 names were recommended that 2022 before NJC which is the appointing body.. the appointing body fix a date to release the recommended candidate in the whole country all over the states.. Some Individual went to court asking not to release ABIA state results that they didn’t follow the due process which now made the NJC to withhold announcing ABIA judges and announced other states .
THE 3 suites filed against the 2022 shortlisted candidates, the 3 suites were all dismissed by the federal high court Abuja and Umuahia respectively . Before NJC could announce the result the said groups went on appeal to court of appeal Owerri which is holding 2022 list.
The 2024 process take over the 8 vacancies and 2 which is for 2024 and add to the previous list which makes is 10 taking over 8 vacancies belonging to 2022 applicants.
