The controversy surrounding judicial appointments in Abia State has escalated, with the Abia State Judicial Service Commission (JSC) defending its selection process against allegations of irregularities and contempt of court.

The dispute stems from the Commission’s March 11, 2025, shortlisting of candidates for judicial positions, which has been challenged by law firm Nkume, Nkume & Associates. The firm, representing candidates from a previous 2022 shortlist, has accused the JSC of flouting due process and disregarding an ongoing legal case at the Federal High Court, Umuahia.

Nkume, Nkume & Associates, in a letter dated March 14, 2025, accused the JSC of contempt, arguing that proceeding with the shortlisting exercise despite a pending motion for interlocutory injunction at the Federal High Court undermines the judicial process. The firm cited appellate court precedents (Abiodun v. Chief Judge of Kwara State (2007) 18 NWLR (Pt. 1065) 109 and INEC v. Youth Party (2023) 7 NWLR (Pt. 1833) 249) to support its argument that any action taken while a case is sub judice holds no legal weight.

It further highlighted that NBA branch chairmen in Abia State, as recipients of the JSC’s shortlist notification, are parties to the pending lawsuit and thus prohibited from taking a stance until the court delivers a ruling. The firm also pointed out that the NJC had previously put the 2024 process on hold, questioning the JSC’s decision to proceed.

Nkume, Nkume & Associates warned that it would not hesitate to initiate contempt proceedings against the JSC and any parties involved in defying the ongoing litigation.

In a response letter dated March 17, 2025, the JSC reaffirmed the legality of its actions, citing a National Industrial Court (NIC) judgment from July 26, 2024 (Suit No: NICN/OW/05/2024 – Attorney General of Abia State Vs Abia State Judicial Service Commission & 3 ORS). The ruling upheld the Commission’s authority to conduct fresh judicial appointments and barred external interference.

The JSC criticized the opposing parties for attempting to challenge the NIC ruling by filing Suit No: FHC/UM/CS/82/2024 at the Federal High Court, calling it a “flagrant abuse of due process.” It stressed that no appeal has been filed against the NIC judgment, meaning the 2024 appointment process remains valid.

The Commission’s letter was copied to key judicial stakeholders, including the National Judicial Council (NJC), the Attorney General of Abia State, and branches of the Nigerian Bar Association (NBA), underscoring its commitment to transparency.

The legal battle is rooted in a July 26, 2024, judgment by the NIC, which resolved an earlier dispute over judicial appointments. Justice N.C.S. Ogbuanya ruled that the Abia State JSC had the constitutional authority to conduct a fresh appointment process and dismissed claims from candidates shortlisted in 2022. The court emphasized that no irreversible rights had accrued to them since their appointment had not been finalized by the NJC.

The NIC judgment also clarified that judicial appointments fall within the realm of statutory employment, placing them under the jurisdiction of the NIC rather than the Federal High Court. Justice Ogbuanya underscored the urgent need for new appointments in Abia State, noting that the state had not appointed new judges in four years, affecting the judiciary’s functionality.

With both sides firmly entrenched in their positions, legal observers are watching closely to see whether the Federal High Court, Umuahia, will issue an injunction to halt the JSC’s actions or if the Commission will continue with its 2024 shortlist.

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