By Nathaniel Zacchaeus, Abuja
A Civil Society Organisation, Forum for Accountability and Good Leadership has asked the National Judicial Council to punish a judge of the Imo State High Court, Justice B. C. Iheka and the State Chief Judge, and Justice T. R. Chukwuemeka-Chikeka.
The group in a petition to NJC alleged that the High Court Judge granted an Ex-parte Order over which he lacked jurisdiction.
The Judge was accused of restraining the Independent National Electoral Commission from concluding the election into the Isu/Njaba/Nkwerre/Nwangele Federal Constituency of Imo State.
The group equally indicted the Chief Judge of Imo State over what it called, administrative failures in assigning a case to a judge who had been sworn in as a member of the Election Petition Tribunal.
It explained that the candidate of the All Progressives Congress (APC) for the federal constituency, Harrison Nwadike, had filed a suit marked HOW/274/2023, against Prof Roseta Okechukwu, the Returning Officer for the election.
It explained that Justice Iheka while ruling on the matter, had said, “Until the supplementary Election for the entire 133 Polling Units in the 11 Wards of Njaba Local Government Area is conducted by the Independent National Electoral Commission (INEC) the Defendant, or any other person, whomsoever and howsoever, acting in her stead be and is hereby restrained from announcing or declaring the result of the 2023 Isu/Njaba/Nkwerre/Nwangele Federal Constituency election, pending the hearing and determination of the Motion on Notice in this case”
The group, at a press conference yesterday said they had written a petition to the NJC to look into the actions of the judge.
Their leader, Tochukwu Ohazuruike, alleged that the Judge knew he was without jurisdiction when he made the order.
He cited provisions of the Constitution and the Electoral Act to back up the claim that State High courts do not have jurisdiction in elections matters such as this and also the fact that INEC is a proper party that was not joined in the Suit, yet the judge restrained INEC from completing the process.
Ohazuruike further alleged that the prayers of the Plaintiff in the Writ of Summons were also the prayers granted by the court ex parte saying the implication was that without hearing the Defendant or any other person who was interested in the case including the PDP candidate who had filed for joinder, the court determined the prayers of the Plaintiff.
The group further indicted the Chief Judge of Imo State Justice T. R. Chukwuemeka-Chikeka over what it called administrative failures in assigning such a case to a judge who she knew was not going to be available having been sworn in as a member of the Election Petition Tribunal.
