Written by Emmanuel Iheaka
Owerri — After a four-year pause, the state’s judicial appointments have resumed after a Court of Appeal in Owerri, Imo State, rejected an application to stop the Abia State government from selecting judges.
Hon. Justice Ntong Ntong, who delivered the lead judgment on Wednesday, characterized the application as illegitimate and devoid of any legal basis. In addition, he reviewed the opinions of Justices F. O. Omoleye and Lawal Abubakar, who were on the appeal panel and agreed with his decision.
The applicants, Mr. E. E. Agwulonu and Nkume Ijeoma Oluchi, had requested permission to appeal a 2024 National Industrial Court decision on behalf of themselves and the 2022 shortlisted candidates for judicial positions. The Abia State administration was earlier permitted to move forward with the 2024 judge appointment process by the Industrial Court, which acknowledged it as a separate procedure from the contentious 2022 appointments that had been clouded by accusations of corruption.
According to Justice Ntong, appeals must typically be filed within three months, and extensions are only given when applicants present both prima facie evidence of merit and significant justifications for the delay. He pointed out that the petitioners had submitted a motion of discontinuance after filing their appeal and had neglected to state this in their application, refuting their assertion that the Court of Appeal declined to consider their appeal.
The judgment further stated that the applicants had not shown how their fundamental rights will be violated by the 2024 appointment process. He claimed that granting the application would have prevented Abia’s citizens from timely access to justice by permanently delaying judicial appointments.
As a result, the Court rejected the motion and mandated that the petitioners pay N1 million in damages to the National Judicial Council, the Abia State Judicial Service Commission, and the Attorney General of Abia State, Sir Ikechukwu Uwanna, SAN. Citing earlier Supreme Court decisions, Justice Ntong reminded the parties that the Court of Appeal is the ultimate authority in these cases.
Sir Ikechukwu Uwanna, SAN, the attorney general of Abia State, responded to the ruling by calling it a “liberation” for the state judiciary.
The judiciary in Abia State is no longer subject to operating restrictions thanks to the justices. The judiciary’s inability to nominate judges caused the administration of justice to stagnate for years. Abians have been freed by this ruling, according to Uwanna.
After a four-year break that had hampered the efficient operation of the state’s judicial system, the verdict allows Abia State to continue the process of appointing judges.
