4 years after, Court of Appeal clears way for Abia to appoint judges
By Emmanuel Iheaka
Owerri — A Court of Appeal sitting in Owerri, Imo State, has dismissed an application aimed at preventing the Abia State government from appointing judges, clearing the way for the resumption of judicial appointments in the state after a four-year delay.
Delivering the lead judgment on Wednesday, Honourable Justice Ntong Ntong described the application as baseless and lacking any legal foundation. He also read the judgment of his colleagues on the appeal panel, Justices F. O. Omoleye and Lawal Abubakar, who concurred with his ruling.
The applicants, Mr. E. E. Agwulonu and Nkume Ijeoma Oluchi, representing themselves and the 2022 shortlisted candidates for judicial appointments, had sought leave to appeal a 2024 National Industrial Court ruling. The Industrial Court had previously allowed the Abia State government to proceed with the 2024 judicial appointment process, recognizing it as a distinct exercise from the disputed 2022 appointments, which had been mired in allegations of corruption.
Justice Ntong noted that appeals must ordinarily be filed within three months, and extensions are granted only when applicants provide substantial reasons for delay along with prima facie evidence of merit. He said the applicants’ claim that the Court of Appeal refused to hear their appeal was false, pointing out that they had filed a motion of discontinuance after lodging their appeal and failed to disclose this in their application.
The judge added that the applicants also failed to demonstrate how the 2024 appointment exercise would infringe on their fundamental rights. Granting the application, he said, would have indefinitely stalled judicial appointments in Abia, denying residents timely access to justice.
Consequently, the Court dismissed the application and ordered the applicants to pay N1 million in damages to the Attorney General of Abia State, Sir Ikechukwu Uwanna, SAN; the Abia State Judicial Service Commission; and the National Judicial Council. Justice Ntong reminded all parties that the Court of Appeal is the final authority in such matters, citing previous Supreme Court rulings.
Reacting to the judgment, Abia State Attorney General, Sir Ikechukwu Uwanna, SAN, described the ruling as a “liberation” for the state judiciary.
“The justices have freed the judiciary in Abia State from operational constraints. For years, the judiciary was unable to appoint judges, stalling the administration of justice. This judgment has liberated Abians,” Uwanna said.
The ruling paves the way for Abia State to resume the process of appointing judges, ending a four-year hiatus that had affected the smooth functioning of the state’s judicial system.
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