Ebonyi and the Burden of Hiring New Judge
The ruling of the Enugu High Court on July 14 where the presiding Judge, Justice A.A.B. Gumel, struck out the case of former Chief Judge of Ebonyi State, Justice Edward Ituma Isuama, has placed a fresh burden of appointing a replacement to fill the vacuum created since 2000 on the state government. Chinedu Eze of our Abakaliki offices, reports.
Isuama's battle to be restored to his position as the Chief Judge was grim, tough and protracted. He never gave up in spite of entreaties. He snubbed dialogue and stared contemptuously at those who had opposed views to his argument. He went to court with a single mind to win his case, but at the end he lost. It was said that it was his intransigence that gave rise to the hoopla and controversy that attended the case, which lasted for almost four years.
Respondents to Isuama's case were the Governor of Ebonyi State, Ebonyi State House of Assembly and National Judicial Commission (NJC) and in the case Isuama challenged his alleged purported removal and prayed that his removal as the Chief Judge of Ebonyi State was 'wrongful', unconstitutional and void. He demanded a compensation of N1 million for infraction on his constitutional rights and the nullification of his removal and then demanded that no other substantive Chief Judge should be appointed for the State.
The case was taken to the Appeal Court by the Counsels to the respondents when the former Judge of the Federal High Court, Justice J. Ajakaiye on May 25, 2001 ruled that the High Court could entertain the case and in the Appeal Court the respondents raised the issue of jurisdiction as "the only issue for determination".
At the end of findings, the Appeal Court ordered that the case "be heard afresh by another Judge" of the Federal High Court. So the matter was taken back to the Federal High Court and Justice A.A.B. Gumel took over the case.
In his ruling, Justice Gumel said that the High Court totally lacked jurisdiction to entertain the case.
He said: "I hold that this court totally lacks jurisdiction to entertain actions in which declaration or injunctions are being sought to challenge the validity of the administrative or executive decisions of a State Governor or a State House of Assembly such as the removal of the Chief Judge of a State".
Justice Gumel also added, "Based on the totality of the foregoing I am unable to agree with learned counsel to the Applicant (Isuama) that this Court could exercise jurisdiction in this matter".
Gumel said that as the Court lacked jurisdiction to entertain the case the appropriate measure was to strike out the suit. "I hereby strike out this matter and order for N2000 costs for each of the Respondents against the applicant".
The ruling thus put an end to an almost four-year battle that left injuries in the heart of many, vindication in those who championed peaceful, out of court negotiation and defeat in the protagonists who started it all, Edward Isuama, the former Chief Judge of Ebonyi State.
But why was Isuama removed? Was he ousted due to political intrigues or was his removal got to do with how he carried on his job when he was the Chief Judge?
After the creation of Ebonyi State in October 1, 1996, Justice Isuama became the administrative Judge of the new State and later appointed Chief Judge. His tenure as the Chief Judge could be literally described as undulating as it attracted so much criticism from professional peers and colleagues both at the bench and the bar. According to reports, workers at the Judiciary fawned at his hubris, judges endured his conceit and members of Nigeria Bar Association (NBA) tolerated his high handedness for a while. It did not take long for their patience to run out and they begin to express their dissatisfaction in the way the Chief Judge carried out his duties, criticizing his administrative style.
It was NBA that first made open protest against Isuama when it could no more stomach his dictatorial style and "his megalomania" so it wrote a letter to Ebonyi State House of Assembly in July, 2000.
In the letter NBA accused Justice Isuama of usurping the function of the State Judicial Service Commission and that of the Ministry of Justice in addition to his position as the Chief Judge and also observed that his attendance to Court was irregular (only two times a week), no dates to lawyers or litigants and he came late to work (never sat earlier than 11.00a.m) and above all NBA accused the Chief Judge of monopolizing all cases of capital nature - "he assigned most armed robbery and murder cases or matters to his court in the judicial division".
The NBA letter stated thus: "After few months, the NBA observed a lot of lapses in the Chief Judge's conduct, in his performances in court and general administration of justice and readily wrote to him seeking audience to discuss some of the issues through very senior and executive members of the NBA for the smooth operation of the judicial system".
NBA also accused the former Chief Judge of parochialism in the employment of staff, arbitrary transfer of Judges, Magistrates and Staff of the Judiciary and embarrassment and intimidation of fellow Judges. It also alleged that Isuama was corrupt alleging that he obtained and diverted N1 million from the pioneer military administrator of Ebonyi State, Navy Commander Walter Feghabo (rtd.) which was meant for furnishing of the Judiciary and other monies he collected including N500, 000 which he collected to travel to Qatar to attend a conference but at the end he did not go for the conference and neither did he refund the money.
Angered by these allegations from NBA, the former Chief Judge filed an ex-parte motion against the body on 22 November 1999 and a month later sued the NBA Chairman and Secretary, in their personal capacities, for libel claiming N50 million, thus drawing the battle line between NBA and himself.
In the letter NBA noted in its conclusion: "We have no problems against the Chief Judge. The issues raised by our complaints have to do with the fitness or otherwise of Hon. Justice Isuama to continue not just as the Chief Judge of Ebonyi State but even as a Judicial Officer".
Isuama's case became a national issue when NBA wrote to the former Chief Judge from its National Secretariat, Abuja informing him that it would send a 10-man committee to inquire into the matter and after investigating the allegations against Isuama, the committee excoriated him for allegedly collecting N100, 000 from a contractor in January 1997 for and on behalf of himself and his brother Judges of the State Judiciary, "to the utter embarrassment of the latter and his refusal to return the money thereby tarnishing the image of the Judiciary".
The committee also indicted him for his "receipt and misappropriation of N500, 000 for the Commonwealth Conference of Judges in Qatar, when he in fact, did not attend the Conference or travel out for it".
The committee also frowned at what it called unbecoming conduct of the former Chief Judge in sending handwritten and signed appeals "on parchments", sometimes on his letterhead, to junior police officers, seeking the release of suspects being held for the very serious offences of murder and armed robbery.
It was this litany of allegations that led to Isuama's removal as the first and only substantive Chief Judge of Ebonyi State. Addressing the House of Assembly on why the former Chief Judge should be removed, the Ebonyi State Governor, Dr. Sam Egwu said that Isuama "had exhibited grave conduct, gross, crass and latent inability to discharge the constitutional functions and sworn duties of his office and has gradually contravened his judicial oath of office and code of conduct to which he subscribed to protect and preserve".
Defending the action of the State House of Assembly for legislating the removal of Isuama, the then Speaker who is now a member of the Senate of the Federal Republic of Nigeria, Senator Julius Ucha, said that the action of the House was provided by the constitution and noted that the former Chief Judge incarcerated suspects without trial, noting: "A number of hardened criminals were released on bail or discharged and acquitted on the pretext of jail delivery. This has increased the wave of criminal activities in the state".
Besides the argument deposed in Court for his removal, Isuama had alleged that he was being hounded by the state government because he came from the southern part of the state and also that the state government incited NBA, Abakaliki branch to make a case against him, but the allegations against him by the state branch of NBA were buttressed by the report of the 10-man committee appointed by the National Secretariat of NBA in Abuja.
THISDAY gathered that Isuama would have naturally retired by November 12, this year and several entreaties were made to him to withdraw the case but he recalcitrantly refused. With the striking off of his case in the High Court, Isuama is left with nothing except his age and his experience as former Chief Judge.
And now that the case has been struck out Ebonyi State has the opportunity to once again appoint another substantive Chief Judge.
So much have happened in Ebonyi State Judiciary since Isuama left in 2000. His successor and the first Acting Chief Judge, Justice Paul Obi Elechi who spent more than two years in that post was succeeded by the present Acting Chief Judge, Justice Aloy Nwankwo, when Elechi was involved in a ghastly motor accident that nearly claimed his life and left him bedridden for months.
So much water had passed under the bridge since Nwankwo took over as the Acting Chief Judge in March 2003. it has been a good and bad story all the way. Part of the good story is the remarkable and total transformation of the Judiciary.
Physically, somebody who visited the Ebonyi State Judiciary last in February 2003 will find it very difficult to recognize the place in 2004 because of this radical transformation.
New buildings have graced the landscape, which include the automated and enviable law library, the new Customary Court of Appeal building which is almost completed and the total change in the environment of the premises as the hitherto menacing erosion, which was literally eating up the landscape has been eliminated. Now the unfriendly mud which became the lot of the premises during the rainy season has become a thing of the past as the whole area has been cemented, new exit and entry thoroughfare designated and the whole aesthetic value of the judiciary restored.
Workers and Lawyers now work with dignity because the environment they carry out their daily activities is edifying. Justice Aloy Nwankwo will ever be remembered for this transformation.
|
