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Non-appointment Of CJ In Imo, Constitutional Breach –NBA


  • State judiciary stable, healthy –Gov’s Spokesman

 

The legal community in Imo State has raised serious concerns over what they describe as an unprecedented constitutional crisis and a total paralysis of the state’s judiciary, following prolonged absence of a substantive Chief Judge and an Attorney-General.

The situation, which lawyers have labelled an “aberration” has brought the judicial arm of government to a near-standstill, preventing citizens from accessing justice and crippling the day-to-day administration of law.

The Chairman of the Owerri Branch of the Nigerian Bar Association (NBA), Barr. Chris Ihentuge, did not mince words in his condemnation of the state government’s role in the crisis.

“This is the first time in the history of Imo State that the judiciary has been without a head. This is an aberration which should be condemned by all well-meaning citizens,” Ihentuge stated.

He framed the issue as a grave constitutional breach, questioning, “Can the House of Assembly function without a speaker? Why is the judiciary being treated with disdain by the executive?” He expressed deep worry that “the Governor who swore to protect and defend the constitution is now the very person abusing the constitution.”

But Special Adviser on Public Communication, Mr. Jones Onwuasoanya, has a contrary view. He said: “The Imo State judiciary is stable, strong and healthy. Statutory leaderships are in place, both at the executive branch of government and at the judiciary. Justice is being dispensed timeously and the major essence of the judiciary, which is to protect the interest of the common man, has not been compromised.”

Ihentuge highlighted several practical consequences of the vacuum, noting that despite a government announcement concerning a new Acting Chief Judge in July, no Acting Chief Judge has been sworn in. This led to a situation where “throughout this period of vacation, there was no vacation judge in Imo State to handle cases that need urgent attention.”

Furthermore, he revealed that “Letters of Administration are not being issued out” and “cases filed in Owerri are not being assigned to courts,” creating a massive backlog and denying citizens vital services.

According to Ihentuge, the NBA has issued an ultimatum and will take “decisive steps” if the situation is not resolved by the end of the court vacation.

Echoing these concerns, prominent lawyer, Barr. Chigozie Ezekiel provided a grim picture of the on-the-ground impact, describing the situation as “heartbreaking.”

“In practical terms, it means there’s no recognised head of the judiciary and no chief law officer for the state,” Ezekiel said. He gave a vivid illustration of the situation: “I had a client whose house was suddenly marked for demolition, and for the first time in my practice I had to tell him there was nothing we could do because the courts were shut down. That was painful.”

Ezekiel further detailed a litany of failures in the system: urgent matters like bail applications and injunctions go unheard, the Ministry of Justice is “rudderless,” and the absence of judicial oversight has emboldened security agencies. “Units like the Tiger Base police operate without checks. With no quick access to courts, unlawful arrests, torture, and extortion have become routine,” he lamented.

Compounding the crisis is the recent compulsory retirement of about nine Imo judges by the National Judicial Council (NJC) for age falsification, which Ezekiel says has left the bench “weakened and demoralised.”

“Right now, practising law in Imo feels like working under a silent state of emergency. Urgent relief is blocked, rights are trampled, and the rule of law is hanging by a thread”, Ezekiel lamented.

Both lawyers are calling for immediate action from the state government: the immediate swearing-in of the appointed Acting Chief Judge, the appointment of a credible Attorney-General, and the proper reconstitution of the Judicial Service Commission to restore functionality and integrity to Imo State’s judiciary.



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