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Home |   About Us |   Contact Us |   Members |   Search |   Subscribe |   Disclaimer |   THE GUARDIAN CONSCIENCE, NURTURED BY TRUTH LAGOS, NIGERIA.     Friday, June 18 2004   news   editorial/opinion   politics & people   focus/record   business   sports   metro   capital market   weekend   golf weekly   Guardian Chat Click to join the chatroom 180604 today: Abia court restrains Kalu, House over plan to remove CJ From Gordi Udeajah, Umuahia AN Abia High Court sitting in Umuahia, the state capital has restrained Governor Orji Uzor Kalu from giving effect to a resolution of the House of Assembly calling for the removal of the State Chief Judge, Justice Kalu Amah. The court also restrained the agents, privies servants or any other authority constituted by the government or assembly from removing the chief judge. Justice Obisike Oji of the High Court gave the order in his ruling on a suit filed by Justice Amah against the House's recommendation to Governor Kalu on April 24, 2004 that he should remove the CJ. The plaintiff joined the governor and the House Speaker as defendants. The House's recommendation was sequel to investigation it mandated its Committee on Judiciary to undertake which reportedly found the CJ guilty of misconduct. In the suit filed in behalf of the CJ by his lawyer, Chief Anthony Mogboh (SAN), Justice Amah sought declarations and injunction restraining the defendants and their agents or servants from giving effect to the House resolution for the following reasons: the send address and resolution of March 24, 2004 was unconstitutional, illegal, null and void as it was purported to be done without a request from the state governor; any address supported by two-third majority of the 24-member House must be based on facts proved before a court of law; and Abia State House of Assembly has no constitutional right to review or sit on appeal over previous decision of the National Judicial Council (NJC). The NJC was said to have looked into the allegation made against Justice Amah but did not recommend his removal. The Abia State Chief Justice supported his claims with a 28 point sworn affidavit. In his 18-page judgement, Justice Oji noted that: the address or resolution presented by the House, and its Speaker to the state governor is ultra vires, unconstitutional, illegal, null and void as it was done without regards to law; the receipt of the petition (Exhibit A) in this proceedings by the House and Speaker, is contrary to the Rules of the House, any investigation report, resolution, address or recommendations based thereon is ultra vires, null and void; the House and Speaker have no constitutional right to review or sit on appeal over previous decision of the NJC; and that the Abia State Legislature alone does not have the competence to recommend the removal of the CJ from office. Justice Oji praised Governor Kalu for showing restraint over the matter. His words: "The restraint which made today's judgment possible has not only demonstrated his respect for the rule of law but has in no small way saved this state, and the nation from a constitutional confusion which is not good to be imagined alone of experiencing". He also ruled that "either side is to bear its cost". The CJ's travails began when allegations of misconduct were levelled against him in a petition by the state's branch of the Court Registrars Association of Nigeria (CRAN) made to the State House of Assembly. Similar petition had earlier been sent to the National Judicial Council which caused an probe of the allegations but did not, after considering the report, recommend the removal from office of the CJ. But the House, after studying the report of its Judiciary Committee that investigated the CRAN petition recommended to the governor that the CJ be removed from office. The CJ consequently went to court to challenge the House recommendation and seek injunction. The governor had said that he would not act on the recommendation, without seeking the advice of the Chief Justice of Nigerian who is also the chairman of the NJC. Besides, about six suits were pending in courts concerning the matter, what may have contributed to delay of the governor's action on the recommendation. The Guardian gathered that the House of Assembly is analysing the Justice Oji's verdict with a view to possibly file an appeal. � 2003 - 2004 @ Guardian Newspapers Limited (All Rights Reserved).  Powered by dnetsystems.net dnet�

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