The Federal High Court in Abuja on Monday fixed October 21 for ruling in a suit seeking an order of mandamus, compelling Imo State Governor, Hope Uzodimma, to appoint the most senior judge as the state’s chief judge.
Justice Mohammed Umar fixed the date after the applicant, Victor Nwadike, who is also a lawyer, addressed the court on issues of jurisdiction.
Mr Umar on July 16 directed Mr Nwadike to address the court on why the court should grant his reliefs considering jurisdictional grounds.
Upon resumed hearing, Mr Nwadike informed the court that at the last adjourned date, a motion ex-parte was filed against Mr Uzodimma over his alleged failure to appoint the most senior judge as chief judge.
The lawyer said in view of the order directing him to address the court on issues of jurisdiction, a written address was filed on September 10.
“We also forwarded by way of letter also dated September 10, persuasive authorities from the United States of America (USA) and addressed to the deputy registrar of the court,” he said.
According to him, it is a firm view that my lord has jurisdiction.
Mr Nwadike, who argued that an order of mandamus is a prerogative power of the court, also submitted that the court has the inherent power to grant the same.
He stated, “By virtue of Section 66, my lord can make an order of mandamus for a public officer to perform certain duties assigned to them in accordance with the law.’’
The lawyer cited previous Supreme Court’s decisions, including the judgments of the U.S’ apex court to back his argument.
“Without prejudice to all that I have said my lord, I submitted in the written address that this is one of the inferences where the doctrine of necessity can be applied,” he added.
Mr Umar, however, raised a question on why the National Judicial Council (NJC) was joined in the suit, having done what it was expected by directing the governor to do the needful.
Besides, the judge also observed that there was no relief in the suit against NJC, a Federal Government agency, which could have warranted the filing of the case at the Federal High Court.
“I am not saying we don’t have discretion to grant an order of mandamus which is an administrative thing. What I mean is to address me on NJC’s issue,” the judge said.
Responding, Mr Nwadike said the reliefs sought were only against the governor, who is the 1st defendant.
The lawyer, however, said that where the court found that it had no jurisdiction to entertain the matter, the court should, in the exercise of its discretionary power, transfer the case to appropriate court in Imo State.
Mr Umar then adjourned the matter until October 21 for ruling.
The lawyer had, in the motion ex-parte marked FHC/ABJ/CS/1303/2025, sued Imo governor, attorney-general of Imo State and NJC as 1st to 3rd defendants respectively.
The motion was dated and filed on July 2.
He said the motion sought “an order granting leave to the applicant to apply for an ordere of mandamus compelling the governor of Imo State to appoint the most senior Judge of the High Court of Imo State to perform the functions of the Chief Judge of Imo State forthwith, without delaying a day more.”
He said this was in accordance with Section 271 (4) of the 1999 Constitution (as amended).
In the affidavit in support of the motion, Mr Nwadike averred that on April 30, NJC released a statement, directing Mr Uzodimma “to appoint the most senior judicial officer in the State High Court’s hierarchy as the acting chief judge of the state in conformity with Section 271 (4) of the 1999 Constitution (as amended).”
He said on June 26, NJC reiterated its earlier directive to the governor to swear in the most senior judge as acting CJ.
According to him, till date, the 1st defendant failed to appoint the most senior judge of the High Court of Imo State to perform the functions of the chief judge.
“I have filed this action to compel the 1st defendant to appoint the most senior judge of the High Court of Imo State to perform the functions of the chief judge of Imo State, in adherence to Section 271 (4) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
He said the reliefs sought in the suit are in the interest of justice and the sanctity of the constitution.
(NAN)
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