As the Scenario of kiosk lingers in Abia state, following the Dismissal of Justice theresa Uzoamaka Chief Judge of Abia state By the state House of Assembly And her replacement with Hon Justice Uzokwe by the state Governor, I have painstakingly watched as the controversy of unconstitutionality And Lack of Locus Standi Lingers between Lawyers and interpreters of the Law without heading towards extinction at the moment.
Some argued that the Governor or the state House of Assembly had lacked Locus Standi to Remove a Chief judge of a state , Few Argued that the Governor or the state House of Assembly have the Constitutional provisions and backing to Do So… The Above Legal Controversy just reminded me of the Almighty Doctrine of ALLEGANS CONTRARIA NON EST AUDIENDUS Which is obviously the principle of Law Which states that something Can not be True And False at the same time.
Going by the Validity And reliability of the Constitution of the Federal Republic of Nigeria 1999 as Amended, The Governor of Abia state And the state House of Assembly Acted INTRA VARIS But ERRONEOUS , perhaps for lack of proper Advice. Did I say INTRA VARIS? “Yes” This simply Means Acting within your Constitutional Powers,, Did I Also say “ERRONEOUS? ” Yes, The Governor and the state House of Assembly Had exercised their Constitutional Powers without full consideration of what the law provides or stipulates, And as a matter of Fact it is faulty.
By the virtue of the provisions of the 1999 Constitution as amended.
Specifically, Sections 292(1)(a)(ii) explains how a judge of the state High Court or the Chief Judge can be removed from office.
The Constitution states: (A) (ii) Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State, praying that he be removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct,
(B) in any case, other than those to which paragraph (a) of this subsection applies, by the President or, as the case may be, the Governor acting on the RECOMMENDATION of the NATIONAL JUDICIAL COUNCIL, the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct.
My in depth Legal analysis is rooted In Paragraph (B) of the Above sections of the Constitution Which provides for the full consent, Endorsement And Recommendation of the National Judicial Council for any Judicial officer to be removed by the Governor and the state House of Assembly. In its simplicity, It implies that the removal process of a Chief judge of a state high Court mustn’t take the National Judicial Council unawares.
Now the Question is, Did the Abia State Governor or the House of Assembly Write to the NJC Before flinching into Actions to remove the said Chief Judge? if the answer is Not in the affirmative, then Here lies the Erroneousness and strict violation the Above Constitutional and statutory provisions.
The Removal process of a Chief judge of a state high Court can never Exist without full involvement of The National Judicial Council Likewise in the appointment process. I am not against the removal of a Chief judge who has grossly contravened the Ethics and Code of Conduct But my opinion is that What is Worth doing is worth doing Well.
Without Fear Or Favour I must Say That It is utterly wrong for the Governor, the House of Assembly or Anybody to remove her because there is a Supreme Court decision on it already (I will Bring forth the SUPRA ASAP). You cannot just remove a judicial officer, or a Chief Judge like that; there “MUST” be recommendation from the National Judicial Council, NJC. Therefore in the Eyes of the Law the Removal of Justice theresa Uzoamaka is null and void. In Law When something is null and void, it is as if what happened never existed.”
NOTE: My Reportage on this matter is not Against Anybody Neither The Government, I only aired my View from my own understanding of the Law Without Prejudice And travesty ,,, In my Next Appreciation of this matter I will Write About the RECOMMENDATION of A New Chief Judge by the NJC And the True Position Of The Law.
Mezie,a Student of Law Wrote from Umuahia