A Court of Appeal sitting in Owerri, Imo State, has dismissed an application seeking to restrain the Abia State Government from appointing judges, thereby clearing the way for the resumption of judicial appointments in the state after a four-year delay.
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Delivering the lead judgment on Wednesday, Justice Ntong Ntong described the application as baseless and lacking legal foundation. He also read the concurring judgments of Justices F. O. Omoleye and Lawal Abubakar.
The applicants, Mr. E. E. Agwulonu and Nkume Ijeoma Oluchi, who represented themselves and the 2022 shortlisted candidates for judicial appointments, had sought leave to appeal a 2024 judgment of the National Industrial Court. That court had earlier held that the 2024 judicial appointment exercise was separate and distinct from the disputed 2022 process, which was affected by allegations of corruption.
Justice Ntong held that appeals must be filed within three months, and that applications for extension of time must be supported by cogent reasons for the delay as well as prima facie evidence of merit. He faulted the applicants’ claim that the Court of Appeal refused to hear their appeal, noting that they had filed a notice of discontinuance after lodging the appeal but failed to disclose this fact.
The court further held that the applicants failed to demonstrate how the 2024 judicial appointment exercise would infringe on their fundamental rights. According to the court, granting the application would have stalled judicial appointments indefinitely and denied residents of Abia State access to justice.
Consequently, the Court of Appeal dismissed the application and awarded ₦1 million in costs against the applicants in favour of the Attorney-General of Abia State, Sir Ikechukwu Uwanna, SAN, the Abia State Judicial Service Commission, and the National Judicial Council.
Justice Ntong also emphasised that the Court of Appeal remains the final authority in such matters, citing established Supreme Court precedents.
Reacting to the judgment, the Abia State Attorney-General, Sir Ikechukwu Uwanna, SAN, described the ruling as a liberation for the state judiciary, noting that it ends years of stagnation in judicial appointments.
The judgment effectively paves the way for Abia State to resume the appointment of judges, bringing an end to a four-year hiatus that had hampered the administration of justice.
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