Although a firm and brilliant jurist of great
intellect, suspended Chief Judge of Abia State Justice Theresa
Uzokwe had a turbulent tenure. She clashed with lawyers and the
state government, which allegedly tried to undermine her.
Correspondent SUNNY NWANKWO revisits some of the controversies that
dogged her reign.
Calm is returning to the Abia State Judiciary
after the swearing in of Justice Onuoha Ogwe as the Acting Chief
Judge (CJ) following a directive by the National Judicial Council
(NJC).
The Abia State House of Assembly suspended Justice Theresa
Uzoamaka Uzokwe as the CJ on January 26 based on a petition against
her by a group, the Global Centre for Peace and Justice.
Following Justice Uzokwe’s suspension, Governor Okezie Ikpeazu
swore in Justice Obisike Orji as the acting CJ. But the NJC
kicked.
On January 31, it overruled the governor, suspended and queried
Justice Orji, asked Justice Uzokwe to stay away from office, and
directed that Justice Ogwe be sworn in as Acting CJ.
Justice Ogwe’s swearing in on February 5 brought to a climax a
series of intrigues and controversies that characterised Justice
Uzokwe’s time in office.
Her suspension and subsequent replacement followed disagreements
with the state government, which apparently felt that she had to
go.
Lawyers’ clash with Uzokwe
Former Governor Theodore Orji, on December 22, 2014 swore in
Justice Uzokwe as the substantive CJ following the death of Justice
Ijeoma Offonry, but lawyers under the auspices of the Aba Branch of
the Nigerian Bar Association (NBA) protested against it.
The branch had on June 22, 2011, criticised the governor for
appointing Justices Offonry, Uzokwe and Justice Shedrack Nwanosike
as acting CJs within months. To the NBA, it was illegal to appoint
three acting CJs within such a short time.
It accused the government of committing illegalities by not
allowing both Justice Offonry and Justice Nnenna Otti, who also
acted, to complete their terms. It alleged that it was all in a bid
to make way for the preferred candidate, Justice Uzokwe.
The issues cropped up following the retirement of Justice Ndudim
Imo. NBA thought it was wrong for the state not to allow successive
acting CJs to complete their tenure before new ones were appointed
in acting capacity.
The lawyers, on October 16, 2013, expressed their disaffection
with Justice Uzokwe. During a valedictory court session in honour
of the late Chief Simeon Ihekwoazu at the Aba High Court complex,
the Branch members and others insisted that Justice Uzokwe would
not preside over the special court session.
They accused her of high handedness and disrespect for lawyers.
The event was put on hold, with lawyers resolving to boycott her
court.
An eyewitness said matters would have degenerated had the Judge
not left the venue as some of the lawyers vowed not to allow her
preside over the session.
“We have continued to boycott her court since 2012. She doesn’t
attend our functions but I don’t know what brought her around. We
insisted that she cannot preside over the special session. Thank
God she left because we were determined to not to allow her,” a
lawyer said.
On why lawyers resisted Uzokwe, another lawyer said: “The
special High court session for the dead is also a court sitting
with the proceedings recorded. Speeches made by chairmen of the
branches are tendered as exhibits.
“The Attorney-General and the leader of the Bar also made
speeches that were recorded as well. The presiding Judge and his
colleagues will make an order. So, it is a court sitting.
“Justice Uzokwe cannot preside over any function where members
of Aba NBA are in attendance until she is transferred out of Aba
Judicial Division.”
Uzokwe’s clash with state
government
Justice Uzokwe hails from Anambra State. As lawyer, she spent
over 30 years in practice. During the 2016 new Legal Year programme
in Umuahia, Uzokwe complained that the state did not provide
official residence for her and other judges in Umuahia, hence their
having to live in Aba.
She said official residence the government provided for her was
in a state of disrepair.
She also complained that other senior judges in the state were
not provided with official residences, pointing out that they also
operated from their private residences.
Justice Uzokwe said the state judiciary did not have enough
courtrooms and that the magistrate courts were the worst hit. She
lamented that magistrates shared court rooms on rotational
basis.
“There are seven court halls in the state judiciary headquarters
in Umuahia and we have 14 magistrates of different cadres sitting
regularly,” she said.
Justice Uzokwe said the accommodation problem contributed to
congestion in the magistrate courts.
She said the situation also contributed to prison congestion and
violation of human rights as magistrates were unable to attend to
all cases promptly.
“The solution lies in building more court halls,” she said.
Justice Uzokwe added that the court system needed to be
computerised to do away with the use of manual and archaic
recording and storage systems.
But, her claims did not go down well with the state government.
In a swift reaction, the state denied Uzokwe’s assertions that she
had no official accommodation.
It insisted that she had an official accommodation near the
House of Assembly Speaker’s abode on Okpara Avenue near Government
House, Umuahia.
The Attorney-General and Commissioner for Justice Umeh Kalu
(SAN) said Justice Uzokwe operated from Aba “out of her own
volition,” adding that the government did not deny her
accommodation.
Kalu said Uzokwe had requested that her official quarters be
renovated, and had brought a quantity surveyor, who assessed the
work and gave a bill of N80 million.
He said the CJ also nominated the contractor and personally
supervised the work. Umeh said N30 million was released for the
renovation, adding that Uzokwe was receiving her housing
allowance.
Emergence of Judicial Commission factions
While the dust raised by her claims was
yet to settle, two factions of Abia State Judicial Service
Commission (AJSC) emerged in 2017. Loyalty was divided. Some
pledged their loyalty to Uzokwe; others vowed to obey Kalu. Thus,
the commission became polarised.
Kalu alleged that Uzokwe wanted to annex the Commission to her
office, rather than allow it operate from its office as had been
the practice.
The commission’s headquarters was almost abandoned at some
point. Its conference room was under lock and key.
Problem started when the House of Assembly received a petition
against a Grade 1 Magistrate, who had stayed beyond her retirement
age.
After deliberating on the petition, the House indicted the
commission and recommended to Governor Ikpeazu to dissolve and
reconstitute it.
The governor accepted the recommendation and nominated new
members. But those who were sacked felt aggrieved.
They sued, and obtained an ex-parte order on December 5, 2016
restraining the governor, Kalu, the House, Uzokwe and the
Commission from taking any action until their motion on notice was
heard. While the case was pending, the former and the new members
continued to meet separately. The former members met at the High
Court.
Kalu, at a briefing, said the former AJSC members remain
dissolved. He restated that the governor had reconstituted the
commission, and described the restraining court order as
“worthless”.
He argued that the new members had been reconstituted before the
Order was made, adding: “You cannot restrain an action that has
already been done.”
But, the dissolved faction disagreed with Kalu. A member,
Augusto Kanu, said the governor had not reconstituted the
commission.
He insisted that the restraining order was valid, which
explained Justice Uzokwe alleged refused to meet with the new
members of the commission.
She was said to have resolved not to recognise them until the
court resolved the issue.
“Nobody is questioning the authority of the Governor, but the
Constitution says ‘remove’ not dissolve. The Constitution makes
provision for removal not dissolution and for you to be removed,
the person will be given opportunity to defend himself.
“The Judiciary is not run by the Ministry of Justice. What we
are experiencing here is interference. Lies are being told against
the Judiciary. The level of antagonism is such that we are being
denied our allowances while the other people are being paid.
“There would be no Judicial Service Commission without the Chief
Judge being there as Chairman. So whatever they do is illegal,” the
former member claimed.
But, Kalu maintained that due process was followed in dissolving
the commission.
“The way forward is to apply the letters of Constitution. JSC is
not an extension of Chief Judge’s office. It is an executive body;
all appointments are made by the Governor. But the CJ wants to
annex the office to her office,” Kalu had alleged.
The climax
The rift between Justice Uzokwe and the state government got to
a head when the House of Assembly suspended her.
According to the lawmakers, Justice Uzokwe allegedly
disrespected the governor, and allegedly did not get along with
other judges. They accused her of other improprieties as contained
in the petition against her.
Justice Uzokwe was accused of tyranny and gross misconduct. The
House said her suspension and replacement was “in order not to
create a lacuna within the justice system in the state.”
However, a lawyer Mrs Carol Ajie, who claimed to be part of
Justice Uzokwe’s legal team, said her client’s suspension was
“stage-managed and atrocious”.
She said Justice Uzokwe was not served with the petition on the
basis of which she was removed.
“Shouldn’t she have been served so as to look into it and
respond?” the lawyer asked.
According to Ajie, Justice Uzokwe’s problems started shortly
after her appointment simply because she was not an indigene of
Abia State.
She alleged that the state government undermined Justice
Uzokwe’s powers by not carrying her along in dissolving the JSC
which she chaired.
Ajie noted that the parallel commission members terminated the
appointment of High Court Chief Registrar, Elizabeth Akwiwu-Chukwu
and replaced her with Ben Anyanwu, without the CJ’s input.
This was said to have resulted in Justice Uzokwe’s refusal to
work harmoniously with Anyanwu.
“The posting of magistrates from one jurisdiction to another was
resisted and unlawfully countermanded by the state on the authority
of the parallel JSC between November and December 2017,” Ajie
said.
A senior lawyer, Donatus Ikpeogu said Justice Uzokwe’s
suspension was “very unfortunate”.
“The action of the Abia State House of Assembly is illegal. It’s
only the NJC that has power to discipline erring judges in the
country,” he said.
Besides, he said any petition against a judge ought to be sent
to the NJC rather than the House.
“If the action of Abia State House of Assembly had stood, it
would amount to interference. It would mean there’s no separation
of power and that the judiciary is subordinate to the wimps and
caprices of the House of Assembly.
“I align myself with the NJC for dealing with the judge that was
used by politicians to try to discredit the judiciary. I also align
myself with the NJC decision telling the CJ to excuse herself from
the office,” he said.
Chairman of NBA Aba Branch Bob Ogu urged the NJC to temper
justice with mercy in dealing with Justice Orji for agreeing to be
sworn in after Justice Uzokwe’s suspension.
“The House should have forwarded their recommendations to the
NJC, which would look into it and if they agreed with the House,
they’d recommend her removal to the governor. It shouldn’t have
moved straight from the House to the governor,” he said.
On Orji, the chairman added: “NJC has passed a message to all
the judges: ‘You don’t present yourself to be sworn in as acting
CJ.’ But, in this circumstance, there was no instruction to any
judge not to present.
Although a firm and brilliant jurist of great
intellect, suspended Chief Judge of Abia State Justice Theresa
Uzokwe had a turbulent tenure. She clashed with lawyers and the
state government, which allegedly tried to undermine her.
Correspondent SUNNY NWANKWO revisits some of the controversies that
dogged her reign.
Calm is returning to the Abia State Judiciary
after the swearing in of Justice Onuoha Ogwe as the Acting Chief
Judge (CJ) following a directive by the National Judicial Council
(NJC).
The Abia State House of Assembly suspended Justice Theresa
Uzoamaka Uzokwe as the CJ on January 26 based on a petition against
her by a group, the Global Centre for Peace and Justice.
Following Justice Uzokwe’s suspension, Governor Okezie Ikpeazu
swore in Justice Obisike Orji as the acting CJ. But the NJC
kicked.
On January 31, it overruled the governor, suspended and queried
Justice Orji, asked Justice Uzokwe to stay away from office, and
directed that Justice Ogwe be sworn in as Acting CJ.
Justice Ogwe’s swearing in on February 5 brought to a climax a
series of intrigues and controversies that characterised Justice
Uzokwe’s time in office.
Her suspension and subsequent replacement followed disagreements
with the state government, which apparently felt that she had to
go.
Lawyers’ clash with Uzokwe
Former Governor Theodore Orji, on December 22, 2014 swore in
Justice Uzokwe as the substantive CJ following the death of Justice
Ijeoma Offonry, but lawyers under the auspices of the Aba Branch of
the Nigerian Bar Association (NBA) protested against it.
The branch had on June 22, 2011, criticised the governor for
appointing Justices Offonry, Uzokwe and Justice Shedrack Nwanosike
as acting CJs within months. To the NBA, it was illegal to appoint
three acting CJs within such a short time.
It accused the government of committing illegalities by not
allowing both Justice Offonry and Justice Nnenna Otti, who also
acted, to complete their terms. It alleged that it was all in a bid
to make way for the preferred candidate, Justice Uzokwe.
The issues cropped up following the retirement of Justice Ndudim
Imo. NBA thought it was wrong for the state not to allow successive
acting CJs to complete their tenure before new ones were appointed
in acting capacity.
The lawyers, on October 16, 2013, expressed their disaffection
with Justice Uzokwe. During a valedictory court session in honour
of the late Chief Simeon Ihekwoazu at the Aba High Court complex,
the Branch members and others insisted that Justice Uzokwe would
not preside over the special court session.
They accused her of high handedness and disrespect for lawyers.
The event was put on hold, with lawyers resolving to boycott her
court.
An eyewitness said matters would have degenerated had the Judge
not left the venue as some of the lawyers vowed not to allow her
preside over the session.
“We have continued to boycott her court since 2012. She doesn’t
attend our functions but I don’t know what brought her around. We
insisted that she cannot preside over the special session. Thank
God she left because we were determined to not to allow her,” a
lawyer said.
On why lawyers resisted Uzokwe, another lawyer said: “The
special High court session for the dead is also a court sitting
with the proceedings recorded. Speeches made by chairmen of the
branches are tendered as exhibits.
“The Attorney-General and the leader of the Bar also made
speeches that were recorded as well. The presiding Judge and his
colleagues will make an order. So, it is a court sitting.
“Justice Uzokwe cannot preside over any function where members
of Aba NBA are in attendance until she is transferred out of Aba
Judicial Division.”
Uzokwe’s clash with state
government
Justice Uzokwe hails from Anambra State. As lawyer, she spent
over 30 years in practice. During the 2016 new Legal Year programme
in Umuahia, Uzokwe complained that the state did not provide
official residence for her and other judges in Umuahia, hence their
having to live in Aba.
She said official residence the government provided for her was
in a state of disrepair.
She also complained that other senior judges in the state were
not provided with official residences, pointing out that they also
operated from their private residences.
Justice Uzokwe said the state judiciary did not have enough
courtrooms and that the magistrate courts were the worst hit. She
lamented that magistrates shared court rooms on rotational
basis.
“There are seven court halls in the state judiciary headquarters
in Umuahia and we have 14 magistrates of different cadres sitting
regularly,” she said.
Justice Uzokwe said the accommodation problem contributed to
congestion in the magistrate courts.
She said the situation also contributed to prison congestion and
violation of human rights as magistrates were unable to attend to
all cases promptly.
“The solution lies in building more court halls,” she said.
Justice Uzokwe added that the court system needed to be
computerised to do away with the use of manual and archaic
recording and storage systems.
But, her claims did not go down well with the state government.
In a swift reaction, the state denied Uzokwe’s assertions that she
had no official accommodation.
It insisted that she had an official accommodation near the
House of Assembly Speaker’s abode on Okpara Avenue near Government
House, Umuahia.
The Attorney-General and Commissioner for Justice Umeh Kalu
(SAN) said Justice Uzokwe operated from Aba “out of her own
volition,” adding that the government did not deny her
accommodation.
Kalu said Uzokwe had requested that her official quarters be
renovated, and had brought a quantity surveyor, who assessed the
work and gave a bill of N80 million.
He said the CJ also nominated the contractor and personally
supervised the work. Umeh said N30 million was released for the
renovation, adding that Uzokwe was receiving her housing
allowance.
Emergence of Judicial Commission factions
While the dust raised by her claims was
yet to settle, two factions of Abia State Judicial Service
Commission (AJSC) emerged in 2017. Loyalty was divided. Some
pledged their loyalty to Uzokwe; others vowed to obey Kalu. Thus,
the commission became polarised.
Kalu alleged that Uzokwe wanted to annex the Commission to her
office, rather than allow it operate from its office as had been
the practice.
The commission’s headquarters was almost abandoned at some
point. Its conference room was under lock and key.
Problem started when the House of Assembly received a petition
against a Grade 1 Magistrate, who had stayed beyond her retirement
age.
After deliberating on the petition, the House indicted the
commission and recommended to Governor Ikpeazu to dissolve and
reconstitute it.
The governor accepted the recommendation and nominated new
members. But those who were sacked felt aggrieved.
They sued, and obtained an ex-parte order on December 5, 2016
restraining the governor, Kalu, the House, Uzokwe and the
Commission from taking any action until their motion on notice was
heard. While the case was pending, the former and the new members
continued to meet separately. The former members met at the High
Court.
Kalu, at a briefing, said the former AJSC members remain
dissolved. He restated that the governor had reconstituted the
commission, and described the restraining court order as
“worthless”.
He argued that the new members had been reconstituted before the
Order was made, adding: “You cannot restrain an action that has
already been done.”
But, the dissolved faction disagreed with Kalu. A member,
Augusto Kanu, said the governor had not reconstituted the
commission.
He insisted that the restraining order was valid, which
explained Justice Uzokwe alleged refused to meet with the new
members of the commission.
She was said to have resolved not to recognise them until the
court resolved the issue.
“Nobody is questioning the authority of the Governor, but the
Constitution says ‘remove’ not dissolve. The Constitution makes
provision for removal not dissolution and for you to be removed,
the person will be given opportunity to defend himself.
“The Judiciary is not run by the Ministry of Justice. What we
are experiencing here is interference. Lies are being told against
the Judiciary. The level of antagonism is such that we are being
denied our allowances while the other people are being paid.
“There would be no Judicial Service Commission without the Chief
Judge being there as Chairman. So whatever they do is illegal,” the
former member claimed.
But, Kalu maintained that due process was followed in dissolving
the commission.
“The way forward is to apply the letters of Constitution. JSC is
not an extension of Chief Judge’s office. It is an executive body;
all appointments are made by the Governor. But the CJ wants to
annex the office to her office,” Kalu had alleged.
The climax
The rift between Justice Uzokwe and the state government got to
a head when the House of Assembly suspended her.
According to the lawmakers, Justice Uzokwe allegedly
disrespected the governor, and allegedly did not get along with
other judges. They accused her of other improprieties as contained
in the petition against her.
Justice Uzokwe was accused of tyranny and gross misconduct. The
House said her suspension and replacement was “in order not to
create a lacuna within the justice system in the state.”
However, a lawyer Mrs Carol Ajie, who claimed to be part of
Justice Uzokwe’s legal team, said her client’s suspension was
“stage-managed and atrocious”.
She said Justice Uzokwe was not served with the petition on the
basis of which she was removed.
“Shouldn’t she have been served so as to look into it and
respond?” the lawyer asked.
According to Ajie, Justice Uzokwe’s problems started shortly
after her appointment simply because she was not an indigene of
Abia State.
She alleged that the state government undermined Justice
Uzokwe’s powers by not carrying her along in dissolving the JSC
which she chaired.
Ajie noted that the parallel commission members terminated the
appointment of High Court Chief Registrar, Elizabeth Akwiwu-Chukwu
and replaced her with Ben Anyanwu, without the CJ’s input.
This was said to have resulted in Justice Uzokwe’s refusal to
work harmoniously with Anyanwu.
“The posting of magistrates from one jurisdiction to another was
resisted and unlawfully countermanded by the state on the authority
of the parallel JSC between November and December 2017,” Ajie
said.
A senior lawyer, Donatus Ikpeogu said Justice Uzokwe’s
suspension was “very unfortunate”.
“The action of the Abia State House of Assembly is illegal. It’s
only the NJC that has power to discipline erring judges in the
country,” he said.
Besides, he said any petition against a judge ought to be sent
to the NJC rather than the House.
“If the action of Abia State House of Assembly had stood, it
would amount to interference. It would mean there’s no separation
of power and that the judiciary is subordinate to the wimps and
caprices of the House of Assembly.
“I align myself with the NJC for dealing with the judge that was
used by politicians to try to discredit the judiciary. I also align
myself with the NJC decision telling the CJ to excuse herself from
the office,” he said.
Chairman of NBA Aba Branch Bob Ogu urged the NJC to temper
justice with mercy in dealing with Justice Orji for agreeing to be
sworn in after Justice Uzokwe’s suspension.
“The House should have forwarded their recommendations to the
NJC, which would look into it and if they agreed with the House,
they’d recommend her removal to the governor. It shouldn’t have
moved straight from the House to the governor,” he said.
On Orji, the chairman added: “NJC has passed a message to all
the judges: ‘You don’t present yourself to be sworn in as acting
CJ.’ But, in this circumstance, there was no instruction to any
judge not to present.
Read more https://nairalaw.com/stormy-ride-for-suspended-abia-cj/