The former Chief Justice of Abia State, Justice Theresa Uzokwe, has filed an appeal before the National Industrial Court, Abuja, challenging her compulsory retirement by the National Judicial Council.
When the matter came up for mention on Wednesday, her counsel, Nnamdi Nwokocha-Ahaaiwe, told the court that he had before it, Motion on Notice for an order brought pursuant to Order 50, Rule 8 of NICN (Civil procedure) Rules, 2017.
In the order, Uzokwe the applicant, is seeking for the order of the court compelling the respondent to accept her Notice of Appeal.
She is also seeking an order compelling the respondent to compile the Certified True Copies of record of proceedings and transmit it to the court.
The respondent’s counsel, Dan Idakwo, who was holding the brief of Dr. Garba Tetengi, on his part said that they had filed Memorandum of Conditional Appearance and Notice of Preliminary Objection challenging the jurisdiction of the court.
Nwokocha-Ahaaiwe in turn told the court that he was served with the notice on Tuesday.
He, therefore, asked for a short date in order for him to respond to the preliminary objection.
The judge, Justice Kiyersohot Damulak, queried why it took the respondent’s counsel time to file his processes as he observed that they were served in Dec.2018.
Idakwo told the court that his office was just served hearing notice on Monday and they filed their processes on Tuesday.
Following his reply, Damulak adjourned the matter until March 5 for hearing of the respondent’s preliminary objection.
The News Agency of Nigeria reports that the NJC in March 2018, recommended the compulsory retirement of Uzokwe following the alleged findings of two investigative committees it instituted to look into petitions of misconduct against her.