Members of
the Abia State Judicial Service Commission (SJSC) have split into two,
following its dissolution by Governor Okezie Ikpeazu, in compliance with the
resolution of the state House of Assembly, which declared them as incompetent,
based on the report of the investigative panel it constituted into the
commission’s activities.
The members
at pitched in the camps of the state Chief Judge, Justice Theresa Uzokwe, and
Attorney General and Commissioner for Justice, Chief Umeh Kalu, and the
scenario is negatively affecting activities of the state judiciary.
The members
had rejected the dissolution on the ground that the governor lacked the legal
power to do so and consequently refused to vacate office.Their spokesman, Kalu
Agbayi, told journalists that there was an attempt by the executive to
emasculate the judiciary through the ministry of Justice, alleging: “What we
are witnessing today is interference and blatant encroachment on the judiciary.
The level of antagonism is so high that we are denied our allowances.
“The SJSC
reconstituted by the governor is illegal, because if the stats chief judge is
not part of the SJSC, that body is unknown to the law.”He queried why the court
order restraining the governor from reconstituting the commission was ignored
and government went ahead to appointed and inaugurated new members with the
attorney general as its chairman.
But Kalu, a
Senior Advocate of Nigeria (SAN), faulted Agbayi’s position, saying the
dissolution and reconstitution were done in line with the constitutional
provision.He stated: “The governor was within the ambit of the law and has the
constitutional power to dissolve the SJSC in line with Section 201 of the 1999
Constitution.”
The
commissioner expressed concern over the looming crisis in the state judiciary,
which he said has affected the promotion and transfer of magistrates and
rendered the Customary Court of Appeal moribund; hence new cases are not coming
up.
He also
described the said court order as worthless on the basis that it was an ex
parte order that expired after 14 days after it was issued and was not renewed
by the Judge that issued it.
Kalu
stressed that although members of the commission were appointed by the
governor, the commission is constitutionally required to be independent; hence
the chief judge has no right to appropriate the SJSC.
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