From Godwin Tsa, Abuja
The Ebonyi State chapter of the People’s Democratic Party (PDP) has dragged a judge of the Ebonyi State High Court, Justice HA Njoku, before the National Judicial Council (NJC) over alleged abuse of office and gross misconduct.
Specifically, the party has called on the council to immediately investigate Justice Njoku for allegedly using his judicial powers to frustrate the judgment of the Abuja division of the Federal High Court in suit No: FHC/ABJ/CS/920/2021, between the PDP vs the Independent National Electoral Commission(INEC); Governor David Umahi and his deputy, Dr Eric Igwe.
In a petition filed by its counsel, Nkemakolam Okoro, dated March 4, 2022, and received by the office of the Chief Justice of Nigeria (CJN), same day, the party alleged that the judge has abused his judicial powers in his efforts to frustrate the matter pending before the Abuja division of the Federal High Court.
The party called on the NJC to apply appropriate disciplinary measures against Justice Njoku in order to ‘forestall pending abuse of court processes, in respect of matters already filed and pending at the Federal High Court, Abuja, which matters have been duplicated and assigned to Judges in Afikpo and Ohaukwu division of the High Court of Ebonyi State.
‘Some of whom have already fixed these matters for judgment, in less than a week after matters were filed before them, to frustrate the ongoing matters at the Federal High Court Abuja.’
The petition is titled “Abuse of office, use of judicial powers to confer undue advantage on a party to frustrate the judgment of a Federal High Court, Abuja fixed for delivery on March 8, 2022, and conspiracy to abuse the process of court against Hon Justice HA Njoku of the High Court of Ebonyi State, sitting in Abakaliki.”
It chronicled the alleged unwholesome acts of the judge that are contrary to his judicial oath of office.
The party stated that it commenced legal action against the Ebonyi State Governor, David Umahi, his deputy, Dr Eric Igwe and INEC on August 17, 2021, before the Abuja division of the Federal High Court.
That already, the parties to the suit have filed and exchanged pleadings, which were adopted on January 19, 2022, and judgment reserved for March 8, 2022.
‘That it was shocked that a process seeking the same relief as in the suit pending before the Federal High Court, Abuja, which was already adjourned for judgment and also have the same parties as defendants and subject matter, was filed before on February 4, 2022, at the High Court of Ebonyi State.
‘That Justice HA Njoku on February 28, 2022, speedily gave judgment on the matter without joining the necessary parties, just to frustrate the judgment in the matter pending before the Federal High Court, Abuja, which has been fixed for March 8, 2022.’