The Nigeria Judicial Council (NJC) has suspended the newly sworn-in Acting Chief Judge of Abia State, Justice Obisike Orji and declared the suspension of Hon. Justice T.U. Uzokwe, the Chief Judge of the state as unconstitutional.
The Council of legal practitioners, which arrived at the decision on Thursday after its emergency meeting said the decision to suspend the Chief Judge and the consequent swearing-in of an Acting Chief Judge without the input of the NJC was unconstitutional, null and void.
In a statement released by the Council after the meeting, the judicial body noted that the suspension of Justice Uzokwe by the State House of Assembly without the prior recommendation by the NJC violated the provisions of the Constitution of the country.
The NJC resolved that: “The suspension of the Chief Judge of Abia State by the State House of Assembly without a prior recommendation by the National Judicial Council violates the provisions of the Constitution of the Federal Republic of Nigeria.
“Consequently, the subsequent act of appointing and swearing in of Hon. Mr. Justice Obisike Orji as the Acting Chief Judge is invalid for being unconstitutional.
“Furthermore, the conduct of Mr. Justice Obisike Orji in presenting himself to be sworn-in raises potential questions of misconduct that council is now looking into. Council therefore resolved to query and suspend the Hon. Mr. Justice Obisike Orji pending the outcome of its investigations.
“In view of the recent escalation, Council, in the interest of the smooth administration of justice in Abia state, resolved to direct the Chief Judge, Hon. Mr. Justice T.U. Uzokwe to stay away from duties pending Council’s final decision after consideration of the report of its panels.
“In the prevailing circumstance, whereby the National Judicial Council has directed the Chief Judge not to perform his duties, and the next most senior judge is suspended, the Governor of Abia state shall appoint Hon. Mr. Justice Onuoha Orisa Kalu Ogwe, the next most senior Judge to act as the Chief Judge of Abia State, pending Council’s final resolution of the matter.”
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