The Federal High Court in Abuja on Monday fixed 21 October for ruling in a suit seeking an order of mandamus, compelling Governor Hope Uzodinma of Imo State to appoint the most senior judge as the state’s chief judge (CJ).
The Bagudo Local Government Area of Kebbi State born Justice Mohammed Umar fixed the date after the applicant, Victor Nwadike, a lawyer, addressed the court on issues of jurisdiction.
Justice Umar had, on 16 July, directed Mr Nwadike to address the court on why the court should grant his reliefs considering jurisdictional ground.
The plaintiff, a lawyer, wants the court to compel the governor to appoint the most senior judge of the High Court of Imo State to perform the functions of the state’s chief judge.
Upon resumed hearing, Mr Nwadike informed the court that at the last adjourned date, a motion exparte was filed against Governor Uzodinma over his alleged failure to appoint the most senior judge to be the CJ.
The lawyer said that in view of the order directing him to address the court on issues of jurisdiction, a written address was filed on 10 September.
“We also forwarded by way of letter, also dated 10 September, persuasive authorities from the United States of America and addressed to the deputy registrar of the court,” he said.
He said, “It is our firm view that my lord has jurisdiction.”
Mr Nwadike, who argued that an order of mandamus is a prerogative power of the court, also submitted that the court has the inherent power to grant the same.
“By virtue of Section 66, my lord can make an order of mandamus for a public officer to perform certain duties assigned to them in accordance with the law,” he said.
The lawyer cited previous Supreme Court decisions, including US Supreme Court judgements, to support his argument.
“Without prejudice to all that I have said, my lord, I submitted in the written address that this is one of the inferences where the doc- trine of necessity can be applied,” he added.
Justice Umar, however, raised a question on why the National Judicial Council (NJC) was joined in the suit, having done what it was expected to do by directing the governor to do the needful.
Besides, the judge also observed that there was no relief in the suit against NJC, a Federal Government agency, which could have warranted the filing of the case at the Federal High Court.
“I am not saying we don’t have discretion to grant an order of mandamus, which is an administrative thing.
“What I mean is to address me on NJC’s issue,” the judge said. Responding, Mr Nwadike said the reliefs sought were only against the governor, who is the 1st defendant.
The lawyer, however, said that where the court found that it had no jurisdiction to entertain the matter, the court should, in the exercise of its discretionary power, transfer the case to the appropriate court in Imo.
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