The Federal High Court in Abuja, on Tuesday, struck out a suit filed by a lawyer, Victor Nwadike, against Imo State Governor Hope Uzodimma over alleged failure to appoint the most senior judge as the state’s chief judge.
Justice Mohammed Umar, in a ruling, declined jurisdiction to entertain the suit.
Justice Umar held that Mr Nwadike failed woefully to show in his affidavit the reason he joined the National Judicial Council (NJC) as a respondent in his suit.
“Joining the 3rd respondent (NJC) herein is not enough, the applicant must show in his affidavit or reliefs claim against the 3rd respondent else this court will decline jurisdiction. The entire gamut of the affidavit in support as well as the reliefs claim by the applicant, none of them hanged on the 3rd respondent. On the whole this court declines the jurisdiction to entertain this suit and is hereby struck out,” the judge said, citing a previous Supreme Court decision to back the ruling.
Mr Nwadike had, in a motion ex-parte marked: FHC/ABJ/CS/1303/2025, sued Imo State governor, Attorney-General of Imo State and NJC as 1st to 3rd defendants respectively.
The motion was dated and filed on July 2.
The lawyer sought “an order granting leave to the applicant to apply for an ORDER 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 of Imo State.
“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.
Justice Umar had, on July 16, directed Mr Nwadike to address the court on why the court should grant his reliefs considering jurisdictional ground.
The lawyer, who gave his address on jurisdiction on September 22, begged the court to make an order transferring the case to appropriate court in Imo State if the court found that it had no jurisdiction to entertain the matter.
Delivering the ruling on Tuesday, the judge held that the NJC, “having discharged its responsibility has no any business in this suit.”
According to him, there is no any identifiable claim against it by the applicant.
“It a trite law that it is the claim of the applicant that determine the jurisdiction of this honourable court. A careful perusal of the affidavit in support of the motion ex-parte before this court, specifically Paragraphs 9 and 10. It is clear that the 3rd respondent has already discharged its own mandate. The 3rd respondent’s name was included just to confer jurisdiction on this court,” the judge said.
(NAN)
