Tag: Court

  • Senior lawyer threatens lawsuit against colleague over alleged defamatory publication

    Senior lawyer threatens lawsuit against colleague over alleged defamatory publication

     

    A legal practitioner, Onyekachi Ubani, SAN, has threatened to sue Mr Tonye Jaja, also a lawyer, for allegations bordering on defamatory publication.

    Ubani equally called on the Inspector-General (I-G) of Police to investigate Jaja for alleged cyberstalking contrary to the Cybercrimes (Prohibition, Prevention, etc.) Act 2015.

    He stated this on Tuesday in a statement signed by him and made available to newsmen in Abuja.

    Ubani and former second Vice President of the Nigerian Bar Association (NBA), frowned at what he described as “a mischievous, ill-conceived, and defamatory publication” against him by Jaja.

    Jaja was alleged to have written a letter titled: “Open Letter to BOSAN: BOSAN Should Avoid the Appearance of Selective Justice – Is Ozekhome the Only Erring SAN that Has Caused National or International Embarrassment to Nigeria?

    “What About the International Embarrassment Caused to Nigeria by the Duo of Malami and Monday Ubani?”

    Reacting, Ubani said such remark ought to be ignored ordinarily.

    “However, for the sake of unsuspecting readers who may be misled by his reckless falsehoods, it is necessary to set the record straight.

    “The so-called ‘open letter’ is replete with lies, innuendos and malicious distortions.

    “At no time have I ever been cited for contempt by Hon. Justice Binta Nyako or by any court in Nigeria.

    “The allegation that I was sanctioned, queried or reprimanded in connection with Senator Natasha Akpoti-Uduaghan’s matter is an outright fabrication, without a single judicial record to support it.

    “For the avoidance of doubt, the certified true copy of the judgment is publicly available, both online and offline, and it contains no such finding or reference.

    “My public statements on that and every other legal issue have always been consistent with the Rules of Professional Conduct and the highest standards of decorum expected of members of the Inner Bar,” he said.

    He alleged that Jaja was unknown to the hierarchy of the NBA, the Body of Senior Advocates of Nigeria (BOSAN).or any recognised platform of the legal profession.

    According to Ubani, hiis self-appointed title as “leader of 1,000 legislative lawyers” is a pure invention of fantasy.

    He said Jaja’s history of unfounded allegations is well known to many in the legal community.

    Ubani, therefore, said that for over three decades at the Bar, his record remains untainted, having served the legal profession and the nation honourably

  • Alleged failure to release loan facility: Lawyer threatens lawsuit against bank

    Alleged failure to release loan facility: Lawyer threatens lawsuit against bank

     

    A lawyer, Chuckwuma-Machukwu Ume, SAN, has threatened a lawsuit against Polaris Bank for allegedly withholding a loan facility of N868 million belonging to a customer, Kenchez Nigeria Limited.

    Ume, a former Attorney-General of Imo, in a letter addressed to the managing director of the bank, also demanded another refund of N16, 206,860.66 to the company.

    He said the N16, 206,860.66 represented the first month’s interest which his client had already paid to Lecon Finance Company Limited, on the loan facility allegedly now being withheld by Polaris Bank.

    The lawyer threatened to report the bank to the Central Bank of Nigeria (CBN) and National Deposit Insurance Company (NDIC), including other relevant
    regulators, for alleged financial misconduct.

    The latter, dated Sept. 15, was received by the bank on Sept. 17 and its certified true copy made available to newsmen on Thursday in Abuja.

    The lawyer, in the letter, explained that Kenchez Nigeria Limited, which has been banking with Polaris Bank limited for 22 years, had applied and obtained the loan from Lecon Finance Company Limited to acquire a 160-ton Terex Demag AC160-2 Crane for it’s operational activities.

    He alleged after the loan facility of N868 million was paid to Polaris Bank, which acted as the guarantee bank for the loan.

    He also alleged that the bank refused to release same to its owner, Kenchez Nigeria Limited, even after satisfying all the preconditions put in place by the bank, including perfecting a legal mortgage over its property in Port Harcourt.

    “This is after several demand letters by the company requesting for the utilisation of the guaranteed funds or a refund of same to Lecon Finance Company Limited have not been acted upon by the bank.”

    Ume stressed that by holding unto funds earmarked for a defined purpose, the bank had acted contrary to Section 13 of the Banks and other Financial Institutions Act (BOFIA) 2020, mandating banks to conduct their operations in accordance with sound banking practices.

    He said the action of the bank was “in breach of the CBN Consumer Protection Regulations, 2019, which requires fairness, transparency, and good faith in dealings with customers.”

    He said that the bank had violated both Section 7 of the Money Laundering Act and Section 34 of the EFCC Act, as it cannot unilaterally freeze his client’s account or prevent it access to its account outside the rule of law.

  • Alleged N40.3m fraud: Again, arraignment of NBF President, 1 other stalled

    Alleged N40.3m fraud: Again, arraignment of NBF President, 1 other stalled

     

    The arraignment of Azania Omo-Agege, Interim President of the Nigeria Boxing Federation (NBF) by the Inspector-General (I-G) of Police, was on Monday stalled again at the Federal High Court in Abuja.

    The News Agency of Nigeria (NAN) had earlier reported that Omo-Agege and his co-defendant’s arraignment, on March 20, was stalled before the former trial judge, Justice Inyang Ekwo, because neither of the defendants was in court.

    However, Omo-Agege’s lawyer, Prof. J.E.O. Abugu, SAN, was in court.

    Omo-Agege and Sidali Prescilla Efemana of Federal Ministry of Agriculture and Food Security were billed to take their plea on
    alleged fraud to the tune of N40, 300, 000 million.

    However, when the matter was called on Monday before the new trial judge, Justice Mohammed Umar, no lawyer was in court.

    The suspects were not in court.

    Justice Umar adjourned the matter until Nov. 26 for Omo-Agege and Efemana to take their plea.

    The I-G, in the five-count charge marked: FHC/ABJ/CR/ 75/2025, had named Omo-Agege and Efemana as 1st and 2nd defendants while Daniel Omughelli was listed as being at large.

    In the charge dated Feb. 24 but filed Feb. 25, Omo-Agege, Efemana of Federal Ministry of Agriculture and Food Security, and Daniel Omughelli (now at large) sometime in 2022 were alleged to have conspired amongst themselves to commit the offence.

    They were accused of criminal breach of trust, obtaining money under false pretense and issuance of dude cheque contrary to and punishable under Section 97(1) of the Penal Code Act.

  • Court stops Pat Utomi from forming a “Shadow Govt,” says it is unconstitutional

    Court stops Pat Utomi from forming a “Shadow Govt,” says it is unconstitutional

     

    The Federal High Court in Abuja, on Monday, barred Prof. Pat Utomi from establishing “a shadow government” in the country, describing the move as “unconstitutional and void.”

    Justice James Omotosho, in a judgment, upheld the arguments of the Department of State Services (DSS) that Utomi’s action portends danger to the peace and security of Nigeria.

    Justice Omotosho said he had perused the country’s constitution and there was no part that supports the formation of a shadow or parallel government.

    Citing Section 1(1) and (2) of the 1999 Constitution, the judge said the constitution is supreme and binding on all citizens irrespective of political divides.

    “The Nigerian constitution makes me room for shadow government.

    “Therefore, any participation in any government which is unknown to law will be struck down by this court

    “I hereby declared the formation as void,” the judge ruled.

    The judge also affirmed the jurisdictional power of the court to entertain the matter.

    The News Agency of Nigeria (NAN) reports that the court, in dealing with the novel issues of “shadow government,” had invited some eminent legal experts for their professional inputs.

    Justice Omotosho had, on July 10, fixed today for the judgment in the DSS’ suit against Utomi, a Professor of Political Economy and Management Expert.

    The judge fixed the date after DSS’ counsel, Akinlolu Kehinde, SAN; Utomi’s lawyer, Chief Mike Ozekhome, SAN, and the seven invited amici curiae (friends of the court) made their submissions for and against the suit.

    Details later

  • Alleged FCCPC Act breach: Court adjourns for arraignment of MTN CEO, others

    Alleged FCCPC Act breach: Court adjourns for arraignment of MTN CEO, others

     

    The Federal High Court in Abuja has adjourned the arraignment of Mr Karl Toriola, the Managing Director and Chief Executive Officer (MD/CEO) of MTN Nigeria Communications Plc, until Oct. 30.

    Toriola and his co-defendants are being prosecuted by the Federal Competition and Consumer Protection Commission (FCCPC) over alllegations bordering on breach of the commission’s Act.

    However, the trial judge, Justice Hauwa Yilwa, did not sit on Thursday due to another official engagement.

    The judge was said to be attending a workshop and the case was fixed for Oct. 30 for the defendants to take their plea.

    The News Agency of Nigeria (NAN) reports that FCCPC had sued the MTN Nigeria Communications Plc and Toriola as 1st and 2nd defendants.

    The commission also named Tobechukwu Okigbo, MTN’s Chief Corporate Services and Sustainability Officer, and Ikenna Ikeme, General Manager, Regulatory Affairs of MTN as 3rd and 4th defendants respectively.

    In the two-count charge, they were accused of failure to produce documents and information required by the commission in compliance with a lawful summons contrary to the FCCPC Act.

    The charge, marked: FHC/ABJ/CR/354/2024, was dated July 19, 2024, and filed July 22, 2024 by a team of lawyers led by Akoji Achimugu.

    It would be recalled that in the last adjourned date, the FCCPC, through its lawyer, Nsitem Chizenum, accused the MTN CEO and his co-defendants of evading service of court documents on them.

    Chizenum had told the court, following the absence of the defendants in court.

    He said several efforts made to effect the service of the processes on the defendants were unsuccessful

    The lawyer also told the court that the Nigeria Police Force (NPF) had been involved and that their application was being processed by the NPF with a view to produce the defendants in court.

    NAN earlier reported that the matter was fixed for May 28 for the defendants to take their plea.

    But when the matter was called, none of the defendants was in court.

    In count one, the MTN Nigeria Communications PLC, Toriola, Okigbo and Ikeme were alleged to have on or about June 18, 2024 did without sufficient cause failed to produce documents and or information which they were required to produce, “in compliance with a lawful Summons and Request to Produce dated May 17, 2024.”

    The commission alleged that the compliance with same summon was further extended by a letter dated June 5, 2024 and they thereby committed an offence contrary to and punishable under Section 33 (3) of the Federal Competition and Consumer Protection Act, 2018.

    The offence, according to the prosecution, contravenes the provisions of Section 111 (1) of the FCCP Act, 2018, and punishable under Section 111 (2) of the same act.

  • Alleged $9.6bn P&ID scam: Again, court adjourns adoption of written addresses

    Alleged $9.6bn P&ID scam: Again, court adjourns adoption of written addresses

     

    The Federal High Court in Abuja on Tuesday, adjourned the adoption of final written addresses in the case against James Nolan, a director in the Process and Industrial Development (P&ID) Ltd, until Nov. 3

    Justice Obiora Egwuatu adjourned the case following the absence of counsel for the Economic and Financial Crimes Commission (EFCC) and the defence in court.

    The News Agency of Nigeria (NAN) reports that Justice Egwuatu had also, on June 10, fixed today for the matter after no lawyer appeared in the case when it was called.

    This would be the second time when the case, bordering on $9.6 billion money laundering offence allegedly perpetrated by P&ID, would not be heard.

    NAN reports that Nolan, a British national, in the trial linked to the scandal, had, on Jan. 16, told the court that he would not be calling any witness(es) in the ongoing trial.

    Nolan, who jumped bail around September 2022 and fled Nigeria, told the court through his lawyer, Michael Ajara.

    The lawyer said that he would rely on the prosecution’s evidence already presented in court and would not be presenting additional evidence.

    After the submission of the counsel, Justice Egwuatu had adjourned the matter for the adoption of the final written addresses of the parties.

    The EFCC had, in the charge marked: FHC/ABJ/CR/9/22, dragged Micad Project City Service, a subsidiary of P&ID Ltd, and Nolan before the judge.

    The defendants were arraigned in May 2022 but pleaded not guilty to the charge.

    Nolan, who is also a director in P&ID Ltd, was remanded at Kuje Correctional Centre pending the determination of his bail plea.

    Upon meeting his bail conditions of N100m and a surety in like sum, Nolan was granted bail.

    He, however, stopped attending court proceedings and fled the country.

    After his escape, he was declared wanted by the court, and an order was issued for his arrest wherever he was found.

    The EFCC’s lawyer, Bala Sanga, proceeded to apply for the trial of the defendant in absentia, which was accordingly granted by the court.

    Nolan was said to have been re-arrested by the International Criminal Police Organisation in Italy on January 27, 2024, when he visited his wife.

    He was yet to be extradited to Nigeria to face trial.

    A sister court presided over by Justice Donatus Okorowo, who had been elevated to the Court of Appeal, on July 3, 2024, ordered the closure of two other companies linked to Nolan, over involvement in the P&ID Ltd fraud.

    Justice Okorowo, in two separate judgments, held that the two companies were found guilty of money laundering offences and ordered that the companies be wound up and their assets forfeited to the Federal Government.

    The companies are Trinity Biotech Nigeria Limited and Resorts Express Concept Nigeria Ltd.

  • Alleged N400m fraud: Court threatens Andy Uba with arrest warrant

    Alleged N400m fraud: Court threatens Andy Uba with arrest warrant

     

    The Federal High Court in Abuja, on Wednesday, threatened to issue a bench warrant for the arrest of Sen. Andy Uba if he fails to appear in court on Oct. 28 to stand his trial.

    The News Agency of Nigeria (NAN) reports that Uba and his co-accused, Benjamin Etu, are being prosecuted on allegations bordering on fraud to the tune of N400 million.

    Justice Mohammed Umar gave the warning after Uba’s lawyer, C.F. Odiniru, pleaded for more time to allow his client present himself in court.

    The development followed an application made by the I-G’s counsel, Aminu Abdullahi, that a bench warrant be issued against Uba in line with Section 394 of Administration of Criminal Justice Act (ACJA), 2015, following his continuous absence in court.

    When the matter was called on Wednesday, Etu stepped into the dock but Uba was conspicuous absence.

    Odiniru then apologised over Uba’s inability to be in court.

    “We apologise for the absence of the 1st defendant (Uba) who is unavoidably absence due to illness,” the lawyer said.

    Abdullahi, who said Uba’s consistent absence was unbearable, said the same excuse was adduced by Odiniru for his absence in court in July when the matter came up.

    “We reluctantly accepted and the matter was adjourned.

    “And today, the same reason was advanced.

    “My lord, we cannot fold our arms and continue this way.

    “We will be applying for a bench warrant under Section 394 of ACJA, 2015 against the 1st defendant,” he said.

    Abdullahi said Uba”s consistent absence had shown a disrespect to the court which had equally stalled his trial.

    He said since the charge was filed in 2024, Uba had never appeared in court.

    Odiniru, however, opposed Abdullahi’s application for a bench warrant.

    “We are opposing this application because consistently before the court, we have informed the court that the 1st defendant is illed and out of the country,” he said.

    He said Uba, currently, was receiving treatment at a United States’ hospital.

    He said he had also furnished Abdullahi with documents detailing Uba’s state of health before the court proceeding commenced the in the morning, in accordance with the court directive which was made in the last adjourned date.

    “I told him (Abdullahi) and showed him the documents. These applications for bench warrant, my lord, are made for an absconding suspects, and not for a person like the 1st defendant.

    “Section 37 of ACJA says if you are interested in bench warrant, you should go by oath,” Odiniru submitted.

    “So what you are saying is that we are going to remain this way even if it will take 10 years?

    “Have you seen where a person has been brought to court on stretcher?” the judge asked Odiniru rhetorically.

    Responding, Odiniru said there were procedures the prosecution could take to confirm if what he was saying was true or false.

    But Abdullahi disagreed with Odiniru’s submission.

    The lawyer said contrary to Odiniru’s argument, he was not furnish with any documents about Uba’s ill health.

    He said Odiniru’s submission was mere speculation.

    “He is just reprobating and approbating my lord,” he said.

    “He (Odiniru) didn’t make any attempt to call me for anything my lord because he knows that what he is holding are not acceptable,” he said.

    He, therefore, opposed Odiniru’s plea, while urging the court to grant his request for a bench warrant.

    “I will give you the last opportunity,” the judge told Odiniru.

    Justice Umar advised the lawyer to ensure that Uba is in court in the next adjourned date.

    The judge subsequently adjourned the matter until Oct. 28 for plea.

    NAN reports that the Attorney-General of the Federation (AGF) had, on July 7, given the Inspector-General (I-G) of Police the permission to prosecute Uba and Etu.

    The prosecution had, on March 5, amended a two-count charge filed against Uba and his co-defendant before the former trial judge, Justice Inyang Ekwo.

    The police had earlier named Uba, the former Senator representing Anambra South, and two others in the first charge marked: FHC/ABJ/CR/538/2024.

    Uba’s co-defendants, in the two-count charge filed Oct. 10, 2024 by Abdulrashid Sidi in the Legal/Prosecution Section at the Police Force Headquarters, Abuja, were Crystal Uba and Benjamin Etu as 2nd and 3rd defendants respectively.

    But in the amended charge filed March 4 by Sidi, Uba and Etu are listed as 1st and 2nd defendants, while Crystal Uba’s name had been dropped form the charge.

    In count one, Uba, Etu and Hajiya Fatima now at large, sometimes in 2022, were alleged to have conspired amongst themselves to commit the offence.

    Uba and others were accused of obtaining by false pretence, by making a presentation to Mr George Uboh that they had perfected ways for the appointment of the Managing Director of Niger Delta Development Commission (NDDC) to any interested persons who could afford N400 million.

    “A presentation which you know is not true and thereby committed an offence contrary to Section 8 and punishable under Section 1 (3) of the Advance Fee Fraud and other Fraud Related offences Act, 2006.”

    The offence, the prosecution said, is contrary to Section 1 (2) and punishable under Section 1 (3) of the Advance Fee Fraud and other Fraud Related offences Act, 2006,” the count read in part.

    Uboh, in a letter dated April 5, 2023, and addressed to the I-G, said the petition was based on documentary and voice recording.

    According to Uboh, the evidence is overwhelming and irrefutable.

    No fewer than six witnesses had been listed to testify against the ex-lawmaker and Etu.

  • Alleged money laundering: Judge transfers EFCC’s case against Mele Kyari for reassignment

    Alleged money laundering: Judge transfers EFCC’s case against Mele Kyari for reassignment

     

    Justice Emeka Nwite of the Federal High Court in Abuja has transferred the Economic and Financial Crimes Commission (EFCC’s) case file in the alleged money laundering against Mr Mele Kyari to the registry for reassignment.

    Kyari is the immediate-past Group Managing Director (GMD) of Nigerian National Petroleum Company Limited (NNPCL).

    The News Agency of Nigeria (NAN) reports that Justice Nwite, had, on Aug. 19, fixed today (Sept. 23) for a report of compliance following an order allowing the anti-graft agency to temporarily freeze four Jaiz Bank accounts linked to Mr Kyari.

    The EFCC, through its lawyer, Ogechi Ujam, had, in the last adjourned date, told Justice Nwite, who was a vacation judge, that investigations were ongoing on the matter and that the commission would need sometime to conclude its findings.

    Ujam made the application through an ex-parte motion she moved to the effect.

    Justice Nwite, after granting the request, fixed today for a report.

    However, the suit, marked: FHC/ABJ/CS/1641/2025, which was on number 10 on Tuesday’s cause list, was not heard by the court.

    Besides, no lawyer appeared for the case.

    Although two judgements and two rulings were among the five matters Justice Nwite took today, other cases were adjourned.

    NAN reports that the commission’s case-file titled: “In The Matter Of An Application By The Executive Chairman of EFCC” with suit number: FHC/ABJ/CS/1641/2025, had been transferred to the registry for reassignment, having been one of the vacation cases heard by the judge.

    The Chief Judge, Justice John Tsoho, in his discretionary power, may transfer the casefile back to Justice Nwite or reassign the matter to another judge.

    It would be recalled that the FHC ‘s vacation, which commenced on July 28, ended on Sept. 16.

    The EFCC had, in the motion ex-parte marked: FHC/ABJ/CS/1641, dated Aug. 8 but filed Aug. 11, prayed the court for an order freezing the bank accounts stated in the schedule.

    It said the accounts are owned by the suspect (Kyari), “who is currently being investigated in a case involving the offences of conspiracy, abuse of office and money laundering pending the conclusion of the investigation.”

    It said the accounts include: Jaiz Bank account number: 0017922724 with account name: Mele Kyari; Jaiz Bank account number: 0018575055 with account name: Guwori Community Dev. Fnd and Jaiz Bank account number: 0018575141 with account name: Guwori Community Development Foundation Flood Relief, etc.

    The anti-graft agency said the application was brought on three grounds.

    It argued that the bank accounts in respect of which the reliefs are sought are subject matters of investigation by the commission in relation to misappropriation of funds and criminal breach of trust.

    It also said that the preliminary investigation conducted thus far revealed that the bank accounts are linked to the suspect who took advantage of the complainant to be a contract facilitator and laundering proceeds of unlawful activities.

    “That there is need to preserve the funds in the identified bank accounts pending the conclusion of investigation and possible prosecution,” it added

    In the affidavit brought with the motion, Amin Abdullahi, an EFCC investigator attached to the Special Investigation (SIS) unit, said the agency received a petition dated April 24 and filed by Guardian of Democracy and Rule of Law against Kyari.

    Abdullahi said he was a member of the team assigned to investigate the matter.

    “That upon receipt of the petition referred to in Paragraph 4 above, my team carried out several investigation activities which included seeking and obtaining bank records from commercial Banks,” he said.

    The investigator said it also included seeking and receiving corporate details from the Corporate Affairs Commission (CAC) in respect of the corporate bodies that featured in the case; inviting and interviewing persons and representatives of companies and persons who featured in the investigation; amongst other activities.

    Abdullahi said the investigation so far carried out revealed the following:

    “That N661,464,601.50 (Six Hundred and Sixty One Million, Four Hundred and ) which are suspected to be proceeds of unlawful activities warehoused in four different accounts.

    “These funds were traced to the suspect Mele Kolo Kyari, who is the former Group Managing Director (GMD) of Nigerian National Petroleum Corporation (NNPC).

    “The suspect opened various accounts in Jaiz Bank which has been used to receive suspicious inflows from NNPC and various oil companies that have dealings with NNPC.

    “The bank records revealed that these accounts are controlled and managed by Mr Kyari through his family members who are acting as fronts.

    “Further investigation revealed that the said transactions in the various accounts were disguised as payments for a purported book launch and activities of a non-governmental organisation (NGO).

    “The commission has written to Jaiz Bank where the accounts 4 referred to are domiciled for the hard copies of the comprehensive account details.

    “While responses of the banks are being awaited, the commission has written to post a no debit instruction on the accounts which will only last for 72 hours.

    “I was informed by M.A Babatunde., learned counsel to the applicant during official briefing at EFCC Headquarters, and I verily believe him that:

    “An order of this honourable court is necessary to freeze the said accounts clearly described in schedule 1 to the motion paper for while investigation is ongoing.

    “It is in the interest of justice to grant this application,” the official had deposed.

  • Appointment of CJ: Court rules in suit against Uzodinma

    Appointment of CJ: Court rules in suit against Uzodinma

     

    The Federal High Court in Abuja on Monday, fixed Oct. 21 for ruling in a suit seeking an order of mandamus, compelling Gov. Hope Uzodinma of Imo to appoint the most senior judge as the state’s chief judge (CJ).

    Justice Mohammed Umar fixed the date after the applicant, Victor Nwadike, who is also a lawyer, addressed the court on issues of jurisdiction.

    The News Agency of Nigeria (NAN) reports that Justice Umar had, on July 16, directed Nwadike to address the court on why the court should grant his reliefs considering jurisdictional ground.

    Upon resumed hearing, Nwadike informed the court that at the last adjourned date, a motion ex-parte was filed against Gov. Uzodinma over his alleged failure to appoint the most senior judge to be the CJ.

    The lawyer said in view of the order directing him to address the court on issues of jurisdiction, a written address was filed on Sept. 10.

    “We also forwarded by way of letter also dated Sept. 10, persuasive authorities from the United States of America (USA) and addressed to the deputy registrar of the court,” he said.

    According to him, it is our firm view that my lord has jurisdiction.

    Nwadike, who argued that an order of mandamus is a prerogative power of the court, also submitted that the court has the inherent power to grant the same.

    “By virtue of Section 66, my lord can make an order of mandamus for a public officer to perform certain duties assigned to them in accordance with the law,” he said.

    The lawyer cited previous Supreme Court’s decisions, including the judgments of the U.S’ apex court to back his argument.

    “Without prejudice to all that I have said my lord, I submitted in the written address that this is one of the inferences where the doctrine of necessity can be applied,” he added.

    Justice Umar, however, raised a question on why the National Judicial Council (NJC) was joined in the suit, having done what it was expected by directing the governor to do the needful.

    Besides, the judge also observed that there was no relief in the suit against NJC, a Federal Government agency, which could have warranted the filing of the case at the Federal High Court.

    “I am not saying we don’t have discretion to grant an order of mandamus which is an administrative thing.

    “What I mean is to address me on NJC’s issue,” the judge said.

    Responding, Nwadike said the reliefs sought were only against the governor, who is the 1st defendant.

    The lawyer, however, said that where the court found that it had no jurisdiction to entertain the matter, the court should, in the exercise of its discretionary power, transfer the case to appropriate court in Imo.

    Justice Umar then adjourned the matter until Oct. 21 for ruling.

    NAN reports that the lawyer had, in the motion ex-parte marked: FHC/ABJ/CS/1303/2025, sued Imo governor, Attorney-General of Imo and NJC as 1st to 3rd defendants respectively.

    The motion was dated and filed on July 2.

    He said the motion sought “an order granting leave to the applicant to apply for an ORDER OF MANDAMUS compelling the Governor of Imo State to appoint the most senior Judge of the High Court of Imo State to perform the functions of the Chief Judge of Imo State forthwith, without delaying a day more.”

    He said this was in accordance with Section 271 (4) of the 1999 Constitution (as amended).

    In the affidavit in support of the motion, Nwadike averred that on April 30, NJC released a statement, directing Uzodinma “to appoint the most senior judicial officer in the State High Court’s hierarchy as the acting Chief Judge of the State in conformity with Section 271 (4) of the 1999 Constitution (as amended).”

    He said on June 26, NJC reiterated its earlier directive to the governor to swear in the most senior judge as acting CJ.

    According to him, till date, the 1st defendant has failed to appoint the most senior judge of the High Court of Imo State to perform the functions of the Chief Judge of Imo State.

    “I have filed this action to compel the 1st defendant to appoint the most senior judge of the High Court of Imo State to perform the functions of the Chief Judge of Imo State, in adherence to Section 271 (4) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”

    He said the reliefs sought in the suit are in the interest of justice and the sanctity of the constitution.