Appeal Court Okays Abia Judicial Commission To Appoint Judges For State

The Owerri Division of the Court of Appeal has ruled that the Abia State Judicial Commission has the powers to proceed with the appointment of new judges for the state.

Justice Ntong Ntong read the lead judgment as well as that of Justices F. Omoleye and Lawal Abubakar, his fellow appeal court judges.

Justice Ntong ruled that the Abia State Judicial Service Commission was free to appoint new judges to address the growing justice needs of the people and residents of the state.

The appellants, Barristers E. Agwulonu and Ijeoma Nkume representing the 2022 shortlisted candidates for appointment as judges into the Abia State Judiciary had protested the outcome of the screening after the process was put on hold over allegations of corruption, gratifications, and inducements.

They had dragged the Attorney General of Abia State, the Abia State Judicial Service Commission, and the National Judicial Council to the Industrial Court and later Appeal Court.

They sought a perpetual order to restrain the Abia State Judicial Commission from appointing judges pending the determination of the suit which was started at the Industrial Court.

The Industrial Court had ruled that the Abia State Judicial Commission had the powers to proceed with the appointment of new judges, a judgement the appellants appealed at the Court of Appeal.

Justice Ntong of the Appeal Court who read the ruling said the National Industrial Court had jurisdiction to hear the suit surrounding their appointment as judges.

Ntong ruled that the Abia Judicial Service Commission had the right to proceed with the appointment of judges and had the powers to continue with the process of appointment of judges in Abia State despite the outcome of the botched 2022 screening exercise.

Further, he held that it was wrong for the candidates to restrain the Abia State Judicial Commission from inaugurating candidates screened since 2024 and or any other candidates.

The appeal court judges ordered that there was no legal impediment restricting the Commission from appointing judges and directed them to go ahead with recruitments.

The jurists held that it was wrong for the appellants to punish the entire state and the people especially as they were not cleared nor appointed.

Thereafter, Ntong ordered the appellants to pay the sum of ₦1million to the three respondents, viz, the Attorney General of Abia State, the Abia State Judicial Service Commission, and the National Judicial Council.

Addressing the court after the ruling, the Abia Attorney General, Barr Ikechukwu Uwanna (SAN) commended the appeal Court judges for the ruling which he said had liberated the people of the state.

Uwanna said, “My lords have liberated Abia State judiciary from the shackles of oppression

over the past few years. We are grateful to my lords that today they have liberated Abia State.

“Now the Abia State Judicial Commission can proceed expeditiously with the process of nominating and screening of suitable candidates to fill up the spaces and expedite justice in the State to meet the justice needs of the State”, Uwanna said.

Barr Kelechi Nwaiwu (SAN) counsel to the second respondent, the Abia State Judicial Service Commission commended the jurists for their verdict.