The Nigerian Bar Association, Owerri branch has stated that the recommendation for the removal of the Chief judge of the State , Justice T. E. Chukwuemeka-Chikeka is unconstitutional.
The NBA also noted that it’s only the National Judicial Council (NJC) that can recommend removal of the Chief Judge.
Recall that on Wednesday, Imo State House of Assembly asked the State governor, Senator Hope Uzodimma to remove the State Chief Judge, Hon. Justice Theresa Ebere Chukwuemeka-Chikeka from office over alleged age falsification.
But in a statement jointly signed by the Chairman and Secretary of the NBA Owerri branch, Chief Chris U. Ihentuge and Daniel O. Odiba noted that the hastened action by the Imo State House of Assembly purporting to recommend to the governor for the removal of the Chief Judge of Imo State,is unconstitutional.
The statement reads in part, ”We read the rather unfortunate and disturbing news of the purported recommendation of the Imo State House of Assembly for
the removal of the Chief Judge of Imo State, Hon Justice T. E.Chukwuemeka- Chikeka.
”It has been reported on various media
platforms that the House of Assembly of Imo State, today the 17th July, 2024 voted in favour of the recommendations of the House adhoc committee for the removal of the Chief Judge and the same has been presented to the Governor.
”It was also confirmed that the House of Assembly had on Thursday, 11/7/2024 invited the Chief Judge to appear before the Adhoc Committee the following day of Friday the 12/7/2024 to answer to the petition written against His Lordship.
The Hon. Chief Judge responded to the invitation letter citing reasons for His Lordship’s non-appearance.
The disclosed that the Bar also independently investigated and verified that the Chief Judge, Hon. Justice T. E. Chikeka had approached the Federal High Court, Owerri in an action against the Attorney General of Imo State; Hon. Speaker, Imo State House of Assembly; Imo State House of Assembly and the National Judicial Council as the 1st, 2nd, 3rd and 4th Defendants respectively.
”The Federal High Court issued an Order of Interim Injunction restraining the 1st, 2nd and 3rd Defendants from inviting, or continuing to invite or summon
the Chief Judge or in any manner,giving effect to the 3rd Defendant’s letter of invitation to the Chief Judge or howsoever
directing His Lordship to either appear before the 3rd Defendant or respond to any invitation from the House of Assembly pending the hearing and determination of the Motion on Notice.
The NBA said it
confirmed that the irder was served on the House of Assembly.
Continuing, ”Against the foregoing background, the Executive Committee of the Bar promptly conveyed an expanded Advisory Committee meeting on Thursday (17 of July, 2024) and resolved as follows:
1.That the hastened action by the Imo State House of Assembly purporting to recommend to the Governor for the removal of the Chief Judge of Imo State, is unconstitutional and against the now settled position of the law in ELELU-HABEEB & ANOR v. AG FEDERATION & ORS (2012) LPELR-15515 (SC) ,where the Supreme Court held inter alia that the removal of a Judicial
Officer including, the Chief Judge mustbe on the recommendation of the National Judicial Council.
2.That the Imo State House of Assembly must respect the
principle of lis pendens and also obey the positive order of Interim Injunction of the Federal High Court in respect of the subject matter.
3.That the Bar as a defender of the Rule of Law, shall closely
monitor the unfolding events and react appropriately as the situations and occasions may demand.
4.That the President of the Nigerian Bar Association, Y. C. Maikyau, OON, SAN be immediately briefed on these developments with a view to taking further actions.
”We shall keep members of the Bar and the public posted on further developments in this matter,” the statement stated.
Background
In a statement by Hon. Ikenna Ihezuo,
Chairman, House Committee On Judiciary And Information, Imo State House Of Assembly on Wednesday ,the Committee recommended that the Governor of Imo State, His Excellency Senator Hope Uzodimma should remove the Chief Judge of Imo State, Honourable Justice Theresa Ebere Chukwuemeka-Chikeka from office for misconduct, in keeping with Section 292(ii) of the 1999 Constitution (As Amended).
In addition, the Committee ruled that the House Resolution on the issue be forwarded to the National Judicial Commission (NJC), for further action.
Following the recommendation of the Committee of the Committee, and in keeping with the Provisions of Section 292 (a)(ii) of the 1999 Constitution, which lists misconduct as one of the grounds on which a Governor, supported by Two-Third Majority of the House Of Assembly, can remove a Chief Judge of a State, the Imo State House Of Assembly has Authorized the Governor of Imo State, Distinguished Senator Hope Uzodimma to remove Honourable Justice Theresa Chukwuemeka-Chikeka from office as the Chief Judge of Imo State.
The Chief Judge had been accused of claiming in an affidavit, she sworn on September 6, 2006, that she was born on October 27, 1958, against what she had claimed before 2006. Some relevant documents had shown that she had claimed her date of birth, as October 27, 1956.
In a Petition to the Speaker of the lmo State House of Assembly, dated June 5, 2024, written by the CIVIL SOCIETY ENGAGEMENT PLATFORM and signed by its director of investigation, Comrade Ndubuisi Onyewuchi, the Petitioners had claimed that the Chief Judge was born on October 27, 1956, until 2006 when she swore an affidavit claiming that her date of birth was October 27, 1958.
The petitioners maintained that age falsification by public servants is a very serious offence for which many Judicial Officers had also been dismissed after they had been found guilty of falsifying their individual ages.
The Chief Judge’s Admission Form into the Law School in 1981 has her date of birth as October 27, 1956.
Another document, the Nominal Roll For Directors titled “Disposition Of Directors in lmo State Civil Service Commission”, has her date of birth as 27, 1956.
In her first Appointment into lmo State Civil Service on July 6, 1983 and her Appointment as Assistant Director GL. 15 on July 1993 respectively, all had her date of birth as October 27, 1956.
However, after the affidavit of September 6, 2006, certain documents began to have her date of birth as October 27, 1958.
ln the National Judicial Council Nominal Roll Of Judicial Officers for 2013 Budget Proposal, her date of birth was stated as October 27, 1958.
Her lnternational Passport dated February 23, 2023, has her date of birth as October 27, 1958. Even Judicial Officers Nominal Roll For 2018 Budget Proposal had her date of birth as October 27, 1958.
Following the Petition, the leadership of the Assembly set up a 4-man adhoc Committee. The Committee was charged with the task of Properly investigating the age falsification allegation against the Chief Judge of the State and report back to the House.
It was gathered too that, the House adhoc Committee had met severally and invited all the relevant persons, including the Petitioners, the Head of Service, Secretary to the Judicial Service Commission and the Honourable Chief Judge herself.
The Committee also wrote to all the relevant agencies or bodies and it was gathered they all replied the letters sent to them.
While other invitees appeared before the Committee, the Chief Judge wrote to the Committee E that she would not honour its invitation.
The Petitioners, personnel of The CIVIL SOCIETY ENGAGEMENT PLATFORM, appeared before the House Committee, on Tuesday July 2, 2024 and acknowledged and adopted the Petition in question as theirs.
In response to the letter of the Assembly’s adhoc Committee, dated July 5, 2024, the Secretary to the Council and Director of Administration, LEGAL EDUCATION, NIGERIA LAW SCHOOL, ABUJA, gave the date of birth of the said “Ohanenye Theresa Ebere, Now, Chukwuemeka Chikeka Theresa Ebere, as 27th October, 1956”, and that was through a letter dated July, 9th 2024, and Signed by A.O. Osho (Ms), and sent to the House adhoc Committee.
