The Court of Appeal sitting in Owerri has dismissed an application seeking to restrain the Abia State Government from appointing judges.
Delivering judgment on Wednesday, Justice Ntong Ntong held that the application lacked merit and was founded on false claims against the Court of Appeal. He also read the concurring judgments of the other members of the panel, Justices F. O. Omoleye and Lawal Abubakar.
The applicants, Mr. E. E. Agwulonu and Nkume Ijeoma Oluchi, on behalf of herself and other candidates shortlisted in the 2022 judicial appointment exercise, had sought leave of the Court of Appeal to appeal a 2024 judgment of the National Industrial Court.
The National Industrial Court had earlier ruled that the Abia State Government could proceed with the 2024 judicial appointment process, describing it as a fresh exercise distinct from the disputed 2022 process, which is still subject to pending litigation over alleged irregularities.
Justice Ntong noted that the law allows only three months for filing an appeal and that an extension can be granted only where applicants provide cogent and substantial reasons, alongside prima facie grounds for appeal. He held that the applicants failed to meet these requirements.
The court further faulted the applicants for claiming that the Court of Appeal refused to hear their appeal, describing the claim as false. Justice Ntong revealed that the applicants had earlier filed a notice of discontinuance, a fact they failed to disclose in their current application, an omission he described as mischievous.
He also ruled that the applicants failed to establish how the 2024 appointment process would violate their fundamental rights, warning that granting the application would effectively paralyse the judicial system in Abia State and deny residents access to justice.
Consequently, the court dismissed the application and ordered the applicants to pay N1 million as costs to the Abia State Attorney General, Sir Ikechukwu Uwanna, SAN, the Abia State Judicial Service Commission, and the National Judicial Council.
Justice Ntong emphasized that the Court of Appeal remains the final arbiter in the matter, in line with previous Supreme Court pronouncements.
Reacting to the judgment, Attorney General Uwanna described the ruling as a “liberation” for Abia State.
“The judgment has freed the Abia judiciary from years of stagnation. The inability to appoint judges stalled the administration of justice. This ruling has liberated Abians,” he said.
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