Imo Judge in Trouble over Bias

For what the leadership of the Progressive Peoples Alliance in Imo State considers ‘ignoble efforts’ to thwart the course of justice in a suit between the party leadership and Governor Ikedi Ohakim, it has dragged the Honorable Justice of the State High Court, Mrs.T.E Chukwuemeka Chikeka, to the National Judicial Council (NJC). (Picture shows Governor Ohakim)
 
According to the leadership of the party in the state, following the legal action instituted by the PPA to reclaim its mandate from Governor Ikedi Ohakim who defected to the Peoples Democratic Party (PDP), the Governor, in an alleged bid to frustrate the said suit, instituted a subject suit which PPA claims it is his primary target.
          
The party further alleged that Governor Ohakim had enlisted the assistance of Justice Chikeka with his influence as the Chief Executive Officer of the State. What further gives credence to this allegation is the alleged desperate abuse of court process.
          
According to investigations by this reporter, the said suit HOW/411/2009 was filed on the 17th of August 2009. By the provision of the court rule, as expressed on the originating summons itself, the PPA had 42 days after service to enter appearance in the case.
        
But contrary to the provisions of the court rule, without serving the originating process on the PPA and without the PPA entering appearance, Justice Chikeka, upon hearing an exparte motion application on behalf of Governor Ohakim and his deputy, Dr. Ada Okwonu, on the 24th of August, 2009, a week into the 42 days count, granted the application and summarily concluded the substantive hearing on the same day and adjourned to September 7, 2009 for judgment.
           
Justice Chikeka’s conduct has forced PPA to further accuse her of serving
 Governor Ohakim’s interest. The party is anchoring its claim on the summary hearing conducted by the Justice which it blames on the level of influence and authority the Governor wields on the Justice.
          
The party in its statement expresses doubt in the integrity of Justice Chikeka as one worthy of the very exalted and respectful position of a Judge. The party, therefore, calls on the Judicial Commission to exert the appropriate sanctions on her to serve as deterrent to other judges who may contemplate compromising their judicial authority under undue influence.
             
Meanwhile, the party has applied to the Chief Judge of the State and secured the transfer of the case to another court. In its application, the party cited lack of confidence and the ability of Chikeka to be just and upright in the final determination of the suit as its reason for seeking the transfer.
               
It could be noted that the controversial suit was brought against the PPA by Governor Ikedi Ohakim and his deputy. The suit sought to, through an accelerated hearing, justify the defection of the Governor and his deputy to PDP, an action which is against the provisions of the law. To justify their defection, the Governor had claimed that he and his deputy were expelled from the party on the 10th of March, 2009.
            
But in opposition to Ohakim’s expulsion theory, a PPA chieftain in state who spoke to this reporter on condition of anonymity noted that the theory is a white lie which is intended to divert perspective. The chieftain noted that there was an alleged understanding between the PDP and Ohakim that he would return to the PDP fold after power must have been conceded to him.
           
This position was confirmed by a PDP chieftain who during an interview with this reporter last year noted that the PDP and Ohakim had an understanding to return to the party after he must have rode on the back of PPA to secure the number one political position in the state.
           
According to the provisions of the law, a serving political officer is not allowed to defect to another party unless there is crisis in his present party. In the case of Ohakim there was no crisis in PPA but he claimed that he and his deputy were initially expelled from the party which necessitated their defection.
             
It was on the strength of the legal provisions that PPA went to court seeking its mandate from Ohakim who is no longer a member of the party. Also Ohakim’s problems are mounting since he defected to PDP, it is widely-claimed that the recent re-alignment between two political forces in the State, Chief Achike Udenwa and Senator Ifeanyi Araraume, formerly estranged political fellows is to wrestle power from Ohakim. The question would Ohakim escape all these?