Date Published: 09/09/11

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President Goodluck Jonathan

NBA BATTLES ABIA GOVERNMENT OVER APPOINTMENT OF SUBSTANTIVE CJ

             Since the history of Abia state, no appointment has generated more controversy than the appointment of the substantive Chief Judge of the State, who will succeed Justice Sunday Imo.

      Justice Imo was retired December last year. Since his retirement, Three Justices have occupied the office of the Chief Judge of the state in Acting capacity, they are Ijeoma Offonry, Nnenna Oti and the incumbent, T.U Uzokwe.

          This situation has set the Nigeria Bar Association (NBA), Aba Branch on collision course with the state government.    The National Judicial Commission (NJC), pursuant to section 271 of the 1999 Constitution recommended Hon. Justice Ijeoma Offonry, the most senior Judge in the state to the governor, Chief Theodore Orji for appointment as the Chief Judge of the state.

        Offonry was recommended from the list of three judges forwarded to NJC by State Judicial Service Committee JSC). The other judges are Hon. Justice Onyekachi Otisi and Hon. Justice A.U Kalu. The governor, in keeping to constitutional stipulations, forwarded the name of Offonry to the House of Assembly for confirmation.

          Prior to this, the appointment of Justice Offonry has been a source of controversy in the state. The Abia state House of Assembly, in a manner, which the former Chairman, NBA, Aba, Barr. Uche Awa, described as undemocratic, refused to invite Offonry to appear before the House for confirmatory screening as the substantive Chief Judge of the State, by virtue of her position as the most- senior Judge in the State.

           According to Barr. Awa, the house did not deem it fit for Justice Offonry to appear before the House to look at her documents and offer her fair hearing before they rejected her.

         “Even if the House had made up their mind to confirm another person as the next Chief Judge of the State, due process should have been followed. They ought to have given her fair hearing before rejecting her.

         ”A clear example is what happened when the Senate considered the appointment of the present CJN. They gave him fair hearing and looked at his papers and made up their minds.” Barr. Awa noted.

        On the intervention of the NBA (national), the name of Offonry was forwarded by the NJC the second time to the governor, who in turn forwarded it to the House for confirmation, but the House in a recent resolution rejected her for the second time, leaving Abia without any substantive CJ.

       Investigations revealed that Abia state may soon face a constitutional crisis as the statute books stipulate that a Judge can only act for a period of three months and not more. The incumbent Acting Chief Judge, T.U Uzokwe, is nearing the expiration of his tenure.

              In a recent emergency meeting of the NBA, Aba Branch, the Association took some far reaching resolutions.

             The resolutions included that the appointment of the Chief Judge should be on the principle of seniority at the bench and insists on the recommendation of Offonry as the new and substantive Chief Judge of the State, being the most senior Judge in the state judiciary.

            The Association also passed a vote of confidence in the person, character and ability of Offonry as a person fit to be appointed the substantive Chief Judge of the State.

        According to the Association, the rejection of the recommendation of Offonry for the second time, by the Abia House of Assembly was done without giving her any opportunity of fair hearing ; and thus without any justification.

        NBA therefore, called on Gov. Orji and the Abia state House of Assembly to review their positions with a view to confirming the appointment of Justice Offonry as the new CJ.

      It further condemned the illegalities committed by Abia State government as a result of wrong advice from the Attorney general of the State. NBA further called on the governor to appoint practicing lawyers as Attorney- general in future.

     Sources revealed that the Abia government may be acting on the fear of the unknown as Offonry has been known as a “tough Judge” who cannot succumb to external influence.

      “Offonry is a no nonsense judge, the government needs a more pliable person, particularly in times of “difficulty”. This is known to the Attorney –general, Chief Kalu Umeh, Hon. Uzo Azubuike and other lawyers working for the Abia government, this is why Offonry’s recommendation cannot be confirmed” the source added.

    Others hinted that ethnic sentiments are gradually been added into the matter as the Old Aba Zone comprising nine local councils of Isiala Ngwa North, Isiala Ngwa South, Aba North, Aba South, Osisioma Ngwa, Obingwa, Ugwunagbo, Ukwa East and Ukwa West, are said to be protesting the non confirmation of Offonry as the substantive Chief Judge of Abia state, the first from the area. Offonry was born in Ugwunagbo council, but married to a Bende high Chief.