NBA Owerri Condemns Imo Assembly’s Move to Remove Chief Judge, Says It’s Unconstitutional

The Nigerian Bar Association (NBA), Owerri Branch, has strongly denounced the Imo State House of Assembly’s purported recommendation for the removal of the Chief Judge of Imo State, Hon. Justice T. E. Chukwuemeka-Chikeka.

The NBA’s reaction comes in response to reports that the House of Assembly voted in favor of the recommendations made by its ad hoc committee on July 17, 2024, and subsequently presented their decision to the Governor.

The NBA confirmed that the House of Assembly had invited the Chief Judge to appear before the ad hoc committee on Friday, July 12, 2024, to address a petition filed against him. However, the Chief Judge responded to the invitation letter, citing reasons for his inability to appear.

Further investigations by the NBA revealed that the Chief Judge had approached the Federal High Court in Owerri, filing an action against the Attorney General of Imo State, the Speaker of the Imo State House of Assembly, the Imo State House of Assembly, and the National Judicial Council. The Federal High Court subsequently issued an Order of Interim Injunction, restraining the defendants from inviting or summoning the Chief Judge or taking any action based on the House of Assembly’s letter of invitation until the hearing and determination of the Motion on Notice. The NBA confirmed that this order was duly served on the House of Assembly.

In response to these developments, the Executive Committee of the NBA, Owerri Branch, convened an expanded Advisory Committee meeting on July 17, 2024. The meeting yielded the following resolutions:

1. The hastened action by the Imo State House of Assembly to recommend the removal of the Chief Judge is unconstitutional and goes against the settled position of the law, as established in ELELU-HABEEB & ANOR v. AG FEDERATION & ORS (2012) LPELR-15515 (SC). The Supreme Court held that the removal of a Judicial Officer, including the Chief Judge, must be based on the recommendation of the National Judicial Council.

2. The Imo State House of Assembly must respect the principle of lis pendens and obey the positive order of Interim Injunction issued by the Federal High Court regarding the subject matter.

3. As a defender of the Rule of Law, the NBA will closely monitor the unfolding events and react appropriately as situations demand.

4. The President of the Nigerian Bar Association, Y. C. Maikyau, OON, SAN, will be immediately briefed on these developments to facilitate further actions.

The NBA, Owerri Branch, has assured its members and the public that it will provide updates on further developments in this matter. The Chairman, Chief Chris U. Ihentuge, and the Secretary, Daniel O. Odiba, ACArb., signed the resolution on behalf of the Executive Committee.