The Court of Appeal sitting at Owerri, Imo State has dismissed an application seeking leave to appeal the judgment of the National Industrial Court which held that the court has exclusive jurisdiction over judicial appointment dispute which arose at the Abia State judicial appointment exercise which was stalled since 2022 due to protracted litigation and allegation of corruption which marred the 2022 exercise.
The Attorney General of Abia State had approached the National Industrial Court at Owerri to adjudicate whether the 2024 exercise can be stopped by the aggrieved candidates of the controversial 2022 exercise.
The Appellants had challenged the jurisdiction of the court, arguing that judicial appointment is an executive act not employment matter, making industrial court to lack jurisdiction.
In a Judgment delivered on 26th July 2024, the trial Judge, Hon.Justice NCS Ogbuanya dismissed the objection, holding that judicial appointment exercise is for statutory employment not political appointment and raises issues of employment policy which the Industrial court has jurisdiction to adjudicate.
On the substantive part, the court held that the 2024 exercise is separate from the 2022 exercise marred by allegations of corruption and protracted litigation, and directed the Abia State Judicial Service Commission to proceed with the 2024 Judges’ appointment and stirred clear from the 2022 stalled exercise.
The court also held that the right of candidates of the 2022 disputed exercise could only be vested if they have been recommended by the National Judicial Council (NJC) and not before that stage.
The Appellants who were dissatisfied appealed at the Court of Appeal Owerri Owerri Division. Upon review of the case and application for leave, the Court of Appeal in a unanimous judgement delivered by Ntong JCA, the Court of Appeal dismissed the appellants’ applications, and upheld the trial Court’s Judgement to the effect that the 2024 appointment exercise is separate.
The Judgment essentially clears the way for Abia State to continue the 2024 Judges’ appointment exercise separate from the 2022 stalled exercise.