The Lawmaker Representing Obingwa West State Constituency and Chairman of the Abia State House of Assembly Committee on Public Petition Hon Barr Ac Thomas Nkoro has taking down the National Judicial Council(NJC) for describing the decision of the house on the 26th of January as Illegal.
Thomas Nkoro who is also the Chairman of the 8 Member Commitee set up by the Speaker of the Abia State House of Assembly Rt Hon Chikwendu Kalu to investigate the allegations leveled against the embattled Chief Judge of Abia State Justice Theresa Uzokwe also said There is no provision for the House to involve NJC in praying the Governor to remove a chief judge.
Reacting to a Facebook post by Comr Augustine Akomas,the Lawmaker said for the National Judicial Council of Nigeria to describe the act of the House of Assembly as unconstitutional and illegal is itself unconstitutional
“It’s good for you to understand House Rules and procedure. The House acted in line with the provisions of the constitution. There is no provision for the House to involve NJC in praying the Governor to remove a chief judge”
” For just a judge NJC has the sole responsibility. But the House prayed the Governor to let the Chief Judge step aside as the House investigated allegations of misconduct against the chief judge and to avail the chief judge the opportunity of defending the allegations”.
He also revealed that the Assembly is in the process of excercing its powers asn enhrined in Section 292 of the Constitution
“The House is in the process of exercising its powers under S.292 of the constitution. We no powers to make a reference to NJC. There is no nexus between the House and NJC. BY the time the House receives the report of the investigations it may resolve to pray the Governor to remove the suspended CJ. At this point the Executive is free to make reference to NJC”.
“The powers of NJC under paragraph 21 of the 3rd schedule of the constitution did not in any way remove or water down the powers of the House of Assembly under S.292. It’s not unusual to see one protect her own. The judiciary may not be left out in this. To describe the act of the House of Assembly as unconstitutional and illegal is itself with respect unconstitutional. There is separation of powers there is interdependence and relationship. It does not call for the condemnation of the lawful and constitutional acts of another arm of govt”. he Concluded.