A legal practitioner, Victor Nwadike, on Wednesday, sought the permission of the Federal High Court (FHC) in Abuja to apply for an order of mandamus, compelling the Imo State Governor, Hope Uzodimma, to appoint the most senior judge as the state’s chief judge (CJ).
Mr Nwadike made the application before Justice Mohammed Umar while moving an ex-parte motion filed to the effect.
The lawyer said the motion was brought pursuant to Order 34, Rule 1(1) and Rule 3(1)(2)(A-C), (3), (4) of the FHC (Civil Procedure) Rules, 2010, and under the Inherent jurisdiction of the court.
He said the motion 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).
The lawyer in the motion ex-parte marked: FHC/ABJ/CS/1303/2025, sued Imo governor, Attorney-General of Imo and National Judicial Council (NJC) as 1st to 3rd defendants respectively.
The motion was dated and filed on July 2.
Mr Nwadike, while moving the application, said it was supported with a 13-paragraph affidavit, with four exhibits, listed as Exhibits A to D.
He said a written address and affidavit of facts were other processes attached to the motion.
“We rely on all the paragraphs and exhibits therein in urging my lord to grant this application,” he said.
The lawyer submitted that the fundamental issue by rules of the court is whether the applicant has sufficient interest in line with Order 34, Rule 1(4).
Justice Umar then asked him if the case ought to have been filed in the court, citing issues of jurisdiction.
“Is it because of the 3rd defendant (NJC) you joined in the suit?” he asked.
Responding, the lawyer said that the NJC equally recommended that Uzodimma should appoint the most senior judge as CJ.
The judge, who adjourned the matter until September 22 for ruling, ordered the lawyer to address the court on issues of jurisdiction in the next adjourned date.
He said issues of jurisdiction would be determined first before the ruling.
In the counter affidavit in support of the motion, Mr Nwadike averred that on April 30, NJC released a statement, directing 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 has 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 the interest of justice and the sanctity of the constitution.
(NAN)
