Court Stops Abia Assembly from Removing CJ
From George Oji in Abuja
The Abia State High Court has stopped moves by the State House of Assembly to remove the Chief Judge of the state, Justice Kalu O. Amah from office.
The Court presided over by Mr. Justice Obisike Oji also commended the Abia state governor, Chief Orji Uzor Kalu for his restraints and respect for the rule of law, which he noted, "has in no small way saved this state, nay the nation from a constitutional confusion."
In his judgment, Mr. Justice Obisike Oji drew some parallel with the case of the former CJ of Bornu State, in the Hon. Kalu O. Anyah Vs Hon. AG, Bornu State & Anor, decided by the Court of Appeal in 1984.
"The weighty decisions in that case not only binds me, but also are the pronouncements of brilliant minds with which I am in complete agreement," Oji held.
After undertaking some navigational voyage of the constitutional responsibilities of the various Houses of Assembly as contained in the 1999 Constitution, the learned trial judge held that, "It beats one's imaginations how the Abia State House of Assembly under the leadership of the Speaker should have entertained the petition when it is obvious that from the documents, the appropriate body constitutionally charged with the function of investigating the allegations in that document had done its function on it.
"It may have been possible by extension of generosity to explain the conduct of the House of Assembly as the fumbling steps of a learning process. But such generosity can hardly avail the House of Assembly in the face of the letter of the Honourable Attorney-General and Commissioner of Justice, Abia State to the Abia State House of Assembly on the matter.
"The AG did not only avail the House of Assembly of informed opinion on the matter it was dabbling into but also drew the attention of the House of Assembly to the pendency of law suits in the court on the matter. It does appear that like a locomotive bound for disaster, nothing could stop the House of Assembly from its mission of destruction. It is such reckless disregard to the rule of law that is bound to endanger our nascent democracy," Justice Oji said.
The judge subsequently upheld the prayers of the plaintiff.
Some indigenes of the state had petitioned the National Judicial Council (NJC) alleging some wrong doings against the CJ. Following this, the NJC raised a panel to investigate the allegations, and after its deliberations, gave the CJ a clean bill of health.
Dissatisfied with this development, the petitioners took out various suits in the court as well as petitioned the State Assembly against His Lordship.
After their own investigation, the lawmakers found Amah guilty and called on Kalu to remove him.
It was at this point that the CJ went to an Umuahia High Court, challenging the actions of the lawmakers as unconstitutional, illegal, null and void.
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