The Forum for accountability and good leadership have accused the Chief justice of Imo State and Justice B. C Iheka of the Imo State High Court of orchestrating plans and stopping the election process and declaration of the winner of seat of Member Representing ISU/NJABA/NKWERRE/NWANGELE Federal Constituency.
The group in a press conference held in Abuja and addressed it member TOCHUKWU OHAZURUIKE said the claims by the judicial officers in addressing the lingering situation shows failure in the discharge of their duties.
”We are a registered Organization with the main focus on issues that promote accountability and good leadership and we frown at issues of abuse of power, impunity in public office, corruption in all its forms and other vices which impede the development of our dear country. We do these mainly for the interest of justice and protection of sanctity of the judiciary.
Sometime last month, our attention is drawn to an Ex-Parte Order granted by Hon. Justice B. C. Iheka of Imo State High Court stopping the election process and declaration of the final winner of the 25th of February, 2023 election for seat of Member Representing Isu/Njaba/Nkwerre/Nwangele Federal Constituency. This is probably the only Ex-Parte injunction given in the entire Nigeria stopping an election process in this 2023 general elections. We shall make a copy of the Certified True Copy (CTC) of the said Ex-Parte Court Order available to ou all to see.
The said Ex-Parte Order was granted in SUIT NO. HOW/274/2023.The parties in the suit are Barr. Harrison Nwadike, the Plainiff/Applicant and Prof. Mrs. Roseta Okechukwu, the Defendant. The said Plaintiff is also the candidate of All Progressives Congress for the said election while the Defendant person the Independent National Electoral Commission (INEC) posted as a Returning Officer for the said election in that Federal Constituency. From the contents of the Writ of Summons filed before the Court, the subject matter of the Ex-Parte Order and the Writ of Summons upon which it is made borders on substantial issues of holding of an election conducted by INEC. Despite the unambiguous provisions of the Constitution and the Electoral Act, Hon. Justice B. C. Iheka proceeded to assume jurisdiction, grant all the prayers in the Writ on Exparte and as you all will hear took other steps to frustrate the conduct of elections and declaration of results in the Federal constituency.
The said Motion Ex-Parte was moved and granted on 27th day of March, 2023. The express words of the Ex-Parte Order forbid the Returning Officer of the said election Prof. Mrs. Roseta Okechukwu who was sued as the Defendant or any other person as INEC may wish to appoint from announcing the winner of the said election pending the holding of election in 133 polling units of Njaba L.G.A of Imo State. How the Court came to determine that there were 133 Polling Units were elections were not held and ought to hold is still a mystery.
It is pertinent to note that the holding or non-holding of an election is the primary duty of INEC as enshrined in Section 153 (1)(f) and paragraph 15 (a) Part 1 of Third Schedule of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The holding of an election and the processes included therein (that is voting at polling units, collation of results and announcement/return of election winners) cannot be interfered with by any Court. This is provided for in section 84(15) of the 2022 Electoral Act. The jurisdiction of the courts can only be activated after the election is over and a winner is announced or returned. Section 285 of the 1999 Constitution of the Federal republic of Nigeria is explicit on this. Sections 130, 133 and 134 of the 2022 Electoral Act also made ample provisions on when the court can intervene in an election process.
As a Judicial Officer of the Federal Republic of Nigeria, Hon. Justice B. C. Iheka is obviously aware of the foregoing provisions of Nigerian Constitution and Electoral law when he assumed jurisdiction and granted the said Ex-Parte Order”.
Mr Ohazurike will referring to the Ex-Parte Order granted by Hon. Justice B. C. Iheka said efforts made to apply for Certified True Copy of the processes in Suit No. HOW/274/2023 have proved apportive with the said disappearance of the file, which he says is to ensure that the ex-parte Order made is not vacated quickly.
“It will interest your further gentlemen, to know that on the 14th day of April, 2023 when application for issuance of Certified True Copy of the processes in Suit No. HOW/274/2023 was made to the Registrar of the court and was approved, the said file was nowhere to be found. Staff in the Court Registry said the file is still with Hon. Justice B. C. Iheka on record. Staff of the Imo State Chief Judge said they have no records that the file has been sent back to the Office of the Chief Judge. Hon. Justice B. C. Iheka’s clerk was unable to show record of the office where he transferred the said file to. The file just disappeared. But we can promise you, now that we are in this matter, the NJC will find the file and it will reappear.
We strongly believe that the disappearance of the file is to ensure that the ex-parte Order made is not vacated quickly. This goes to the root of the second prayer of the Plaintiff in the Writ of Summons which is for a perpetual injunction restraining the INEC from announcing the results of the election.
In the midst of all these, Hon. Justice B. C. Iheka is aware he has been sworn in as a member of the 2023 Elections Petitions Tribunal Panel and will not be available to adjudicate on an election matter where time is of essence. He still assumed jurisdiction, took over the matter, gave an Ex-Parte injunction and the file cannot be accounted for as of 19th day of April, 2023.
By the foregoing, it is obvious Hon. Justice B. C. Iheka failed in his duty as a judicial officer to uphold the constitution and laws of Nigeria and in the circumstance did not abide to the following provisions of Code of Conduct for Judicial Officers of the Federal Republic of Nigeria –
Rule 1.3
“A judicial officer should respect and comply with the laws of the land and should conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary”
Rule 3.1
“A judicial officer should be true and faithful to the constitution and the law. Uphold the course of justice by abiding with the provisions of the constitution and the law and should acquire and maintain professional competence”
Rule 3.5
“A judicial officer must avoid the abuse of the power of issuing interim injunctions, ex-parte”
It will further interest you Gentlemen to note that this same Justice B. C. Iheka sometime on the 28th day of July, 2021 delivered a judgment wherein while sitting as a judge of the Imo State High Court, controversially declared one Hon. Chukwuma Umeoji wo was not a party before him as the candidate of the All Progressives Grand Alliance in the November 6, guber election of Anambra State. Does His Lordship even understand that there is something called jurisdiction of Courts?
In that Suit marked as HOW/543/2021 between one Chike Dike V INEC, APGA and Chief Jude Okeke, His Lordship in Paragraph 2(g) and (h) of the judgment order assumed jurisdiction over the case and determined a candidate for Anambra State Governorship election. The Court of Appeal and Supreme Court since decided on the issues of the candidates of the party in question”.
While Hon. Justice B. C. Iheka and Hon. Justice T. E. Chukwuemeka-Chikeka have been accused of subverting the yearnings and aspiration of the people Isu/Njaba/Nkwerre/Nwangele, Nigerians are watch and waiting to see if justice will prevail.
“We believe that the Chief Judge of Imo State Hon. Justice T. E. Chukwuemeka-Chikeka has some questions to answer to the NJC in the whole transaction.She ought to be aware that Hon. Justice B. C. Iheka is on election duty having already been sworn in as a member of the 2023 Election Petition Tribunal and still assigned election matter to him where time is of essence. She saw the subject matter of the suit and still assigned it to a judge when she is aware Imo State High Court has no jurisdiction.
Hon. Justice B. C. Iheka claimed to have sent the said suit file to Hon. Justice T. E. Chukwuemeka-Chikeka and till this morning, the file cannot be found. We believe that Hon. Justice T. E. Chukwuemeka-Chikeka has failed in her administrative duty as a Judicial officer and Chief Judge of a state.
The injustice ensuing from the said actions of Hon. Justice B. C. Iheka and Hon. Justice T. E. Chukwuemeka-Chikeka is such that the people of Isu/Njaba/Nkwerre/Nwangele Federal Constituency will for a long time be without a member representing them in the Federal House of Representatives. The tall Order made in the said Ex-Parte Order is such that INEC cannot execute even when it is not a party in the aid suit and was not heard.
Gentlemen, if things like this are allowed to sty unchallenged and the perpetrators walk away without consequences, it will serve as a booster for other merchants of anarchy to continue to flagrantly violate our electoral laws and processes on the fame ill-belief that NOTHING WILL HAPPEN!
Notwithstanding these unfortunate happenings, we still believe that the judiciary is the last hope of the common man and its image is currently at stake here. The integrity, fairness and justness of the judiciary must be protected and sustained. Individuals no matter how highly placed must not be allowed to destroy the sanctity of the judicial institutions. Let Hon. Justice B. C. Iheka and Hon. Justice T. E. Chukwuemeka-Chikeka be made to dance to the music they are playing.”