By Charles Igbo
A Federal High Court sitting in Abuja has described a suit instituted against the confirmation of the Hon. Justice Ijeoma Agugua, as the substantive Chief Judge of the State as one borne out of mischief and malice.
One Mr Brown Amadi, who says he is an Imo State tax payer, had joined the Imo State Judicial Commission, Imo State Governor, Attorney General, House of Assembly and Hon. Justice Agugua in a suit he instituted against the National Judicial Council, NJC, challenging the suitability of Agugua as Imo State’s substantive Chief Judge.
Amadi based his opposition to Agugua’s appointment on the fact he wrote a petition against her to the NJC which has not been considered. He asked the court to establish if the NJCÂ can recommend Agugua as a suitable person for appointment as Imo CJ, in view of the provision of section 158 of the 1999 constitution.
Amadi, therefore, asked the Court to restrain the NJC from recommending Agugua as the CJ, arguing that his fundamental right to fair hearing will be breached if Agugua is made the substantive CJ without first hearing his petition.
But the defendants, in their preliminary objections queried the legal right of the plaintiff in the appointment of a CJ. They argued that being a tax payer does not, and cannot confer on Amadi the legal right to hold the Governor and institutions to ransom in the discharge of their official,constitutional duties.
Delivering judgement, the Hon. Justice Inyang Ekwo agreed with the defendants. He said Amadi, absolutely, lacked every legal right to maintain such a suit before a court of record.
Ekwo: “The plaintiff failed to show how his personal right override those of the entire people of Imo State as being a tax payer is not enough to institute such an action.
“In a suit of this nature, plaintiff must establish that his personal interest and legal right are real and tangible in law and not personal aggrandizement as done in this matter.
“From the totality of the case of the plaintiff, he acted in bad faith with utter malice. He embarked on adventures without a cause.
His case is simply mischievous.
“I disagree with the plaintiff that his right to fair hearing will be breached unless his petition against Justice Agugua is treated first by the NJC.
“To allow the plaintiff to go ahead with this kind of suit will amount to an individual holding a statutory body into ransom.
“This case is liable to be struck out, and I, hereby, accordingly strike it out for lacking in merit and substance.”
The now decided suit has delayed the confirmation of Justice Agugua as the Imo CJ. But most stakeholders stood behind her, describing the plot to deny her of the position as injustice and mischief of the worst order.
Not a few people in the State, even in the Judiciary, allege that the Plaintiff, Amadi, is a front for a clique in the Imo Judiciary which wants to, always, have a stranglehold on the State’s Judiciary. The clique has, allegedly, gone to every extent to torpedo the confirmation of Agugua as the substantive Chief Judge of the State, flaunting all kinds of reasons, most of them frivolous.
When, finally, confirmed, Justice Agugua will be the first female to be appointed the Chief Judge of Imo State.
