NBA Owerri Condemns Imo Assembly’s Move to Oust Chief Judge, Insist on Due Process

In a swift and decisive response, the Nigerian Bar Association (NBA), Owerri Branch, has expressed grave concerns over the recent actions of the Imo State House of Assembly, which purportedly recommended the removal of the Chief Judge of Imo State, Hon. Justice T. E. Chukwuemeka-Chikeka.

On July 17, 2024, the Imo State House of Assembly voted in favor of an ad hoc committee’s recommendations to remove the Chief Judge, presenting the decision to the Governor. This followed an invitation extended to the Chief Judge on July 11, 2024, requiring her to appear before the committee the next day.

In a statement signed by its Chairman and Secretary, the NBA branch, noted that the House of Assembly took the decision despite the Chief Judge’s cited reasons for her non-appearance in response to the invitation.

The statement further noted that the Chief Judge had also approached the Federal High Court in Owerri, initiating an action against the Attorney General of Imo State, the Hon. Speaker of the Imo State House of Assembly, the Imo State House of Assembly, and the National Judicial Council as defendants and had obtained an Interim Injunction restraining the first three defendants from summoning or inviting her or giving effect to the House’s invitation letter until the hearing and determination of the Motion on Notice. This order was duly served to the House of Assembly.

Following these events, the NBA Owerri Branch’s Executive Committee convened an expanded Advisory Committee meeting on July 17, 2024. The meeting resulted in the following resolutions:

1. The NBA condemned the Imo State House of Assembly’s actions as unconstitutional, citing the Supreme Court’s settled position in ELELU-HABEEB & ANOR v. AG FEDERATION & ORS (2012) LPELR-15515 (SC), which stipulates that the removal of a judicial officer, including the Chief Judge, must be on the recommendation of the National Judicial Council.
2. The NBA urged the Imo State House of Assembly to respect the principle of lis pendens and obey the Federal High Court’s Interim Injunction.
3. The NBA reaffirmed its commitment to defending the rule of law, pledging to monitor the situation closely and respond appropriately as events unfold.
4. The NBA resolved to immediately brief the President of the Nigerian Bar Association, Y. C. Maikyau, OON, SAN, on the developments to facilitate further actions.