The Federal High Court in Abuja has scheduled October 21 for a ruling on a suit seeking an order of mandamus to compel Imo State Governor Hope Uzodimma to appoint the most senior judge as the state’s chief judge.
Justice Mohammed Umar set the date after lawyer Victor Nwadike, the applicant, addressed jurisdictional issues as directed by the court on July 16.
During the resumed hearing, Nwadike noted that he had filed a motion ex-parte against Uzodimma for allegedly failing to appoint the senior-most judge as chief judge.
He submitted a written address on September 10, supported by a letter citing persuasive U.S. legal authorities, arguing that the court has jurisdiction to issue an order of mandamus under Section 66 to enforce the governor’s constitutional duty.
Nwadike referenced Supreme Court decisions and invoked the doctrine of necessity to support his case. However, Justice Umar questioned the inclusion of the National Judicial Council (NJC) as a defendant, noting no relief was sought against it, a federal agency, which could justify filing at the Federal High Court.
Nwadike clarified that the reliefs target only the governor and requested that, if the court lacks jurisdiction, the case be transferred to an appropriate Imo State court.
The motion ex-parte, marked FHC/ABJ/CS/1303/2025 and filed on July 2, names Uzodimma, the Imo State Attorney-General, and the NJC as defendants. It seeks to compel the governor to appoint the senior-most judge of the Imo State High Court as acting chief judge, per Section 271(4) of the 1999 Constitution.
Nwadike’s affidavit highlighted that the NJC had directed Uzodimma on April 30 and June 26 to make the appointment, but the governor has not complied. The lawyer emphasized that the suit upholds justice and constitutional sanctity.
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