The Federal High Court sitting in Abuja has dismissed a suit filed by legal practitioner Victor Nwadike challenging Imo State Governor Hope Uzodinma’s alleged refusal to appoint the most senior High Court judge as the state’s Chief Judge.
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Presiding Justice Mohammed Umar ruled on Tuesday that the court lacked jurisdiction to entertain the case, primarily because the National Judicial Council (NJC) was improperly included as a respondent.
“Joining the 3rd respondent (NJC) herein is not enough. The applicant must show in his affidavit or reliefs claims against the 3rd respondent, else this court will decline jurisdiction,” Justice Umar stated. He further noted that none of the claims in Nwadike’s affidavit were directed at the NJC, adding, “On the whole, this court declines jurisdiction to entertain this suit and it is hereby struck out,” citing Supreme Court precedent.
The case, marked FHC/ABJ/CS/1303/2025, listed Governor Uzodinma, the Imo State Attorney-General, and the NJC as the first to third defendants. Nwadike had sought a mandamus compelling the governor to immediately appoint the most senior High Court judge as acting Chief Judge, in accordance with Section 271(4) of the 1999 Constitution (as amended).
In his affidavit, Nwadike claimed that the NJC had directed the governor on April 30 and again on June 26 to follow constitutional procedure in swearing in the most senior judicial officer, but that the governor allegedly remained in defiance.
“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,” Nwadike had said.
Earlier, on July 16, Justice Umar instructed the applicant to justify why the court should hear the matter despite jurisdictional concerns. Nwadike later requested on September 22 that the case be transferred to a competent court in Imo State if jurisdiction was lacking.
In delivering his ruling, Justice Umar held that the NJC had “discharged its responsibility” in the matter and had no further role to play. “A careful perusal of the affidavit in support of the motion ex-parte before this court, specifically Paragraphs 9 and 10, shows that the 3rd respondent has already discharged its own mandate. The 3rd respondent’s name was included just to confer jurisdiction on this court,” the judge stated.
With that, the suit was struck out.
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