A Chief Judge’s Gaffe

Nothing could be more embarrassing than a judge annulling his own judgment. This is the scenario that played out recently in Abia state when Abia state Chief Judge, Sunday Imo, set aside the consent judgment he gave concerning chairmanship seat of the state chapter of People’s Democratic Party (PDP). (Picture shows Justice Idris Kutigi, Chief Justice of Nigeria (CJN)

The Chief Judge had earlier, on January 13, adopted a purported peace agreement brokered by the party’s Board of Trustee (BOT) member, Prince Benjamin Apugo, which recognized erstwhile chairman of the Party, Alfred Awah, as the authentic chairman of the party in the state.

Prior to the judgment, Chief Alfred Awah and his erstwhile executive committee had, in a suit, contended that their tenure had not expired, and prayed the court to declare the tenure of the current chairman of the party, Chief Ndidi Okereke, illegal.

But while the matter was in court, Prince Apugo initiated an out-of-court settlement, a proposal which the parties accepted.

Swiftly responding to the January 13, judgment on the matter by Justice Imo, Okereke obtained a court injunction to stay execution on the consent judgment. Okereke, also, January 14, sent a petition to the National Judicial Council (NJC), accusing Justice Imo of descending into the murky realm of Abia politics. The PDP chairman, further, alleged that the situation led Justice Imo to pursue narrow interests of the People Progressive Alliance (PPA) government in Abia state.

Part of the allegations of Okereke is that the process was inconclusive because Chief Apugo unilaterally prepared a report of settlement, which he presented to Justice Imo’s court to obtain judgment in favor of the Awah – led faction.

Justice Imo, in ruling on the matter that set aside the previous judgment, noted that the court could no longer work with the representations of the parties involved in the case. He further stated that he has returned the case to Justice Agwu Kalu of High Court 4, Umuahia, who was originally handling the matter before he was kidnapped. According to him, the judge would resume hearing on the issue after he has fully recuperated from the bullet shots he received from his kidnappers.

Though Justice Imo expressed shock on the level of reaction the adoption of the controversial peace agreement generated among the political class and lawyers in the state, a section of the people of the state alleges that his action was necessitated by his eagerness to compensate the state government which, in breach of seniority profile of the state judiciary, appointed him Chief Judge.

Moreover, Justice Imo’s situation is made more complex by the memo written to him by the Chief Justice of Nigeria, Justice Idris Kutigi, in response to Okereke’s petition.

In the memo, Justice Kutigi directed thus: “I forward herewith a petition, dated 14th January 2009 against you by one Chief Ndidi Okereke, Chairman Peoples Democratic Party (PDP) Abia state on the above subject mater. The petition speaks for itself. I shall be glad to have your comments within two weeks from the receipt of this letter”.