By Anayo Okoli
THE rejection of Justice Ijeoma Offonry as the new Chief Judge of Abia State by the state House of Assembly has elicited reactions from stakeholders who accused the House of not  following due process.

The National Judicial Council, NJC, had recommended Justice Offonry who was among two judges sent to it by the state judicial service commission.

The others are Justices Agwu Umah Kalu, said to be number 18th in order of seniority and Onyekachi Otisi, 7th in order of seniority.

Based on this seniority criterion, NJC recommended to the governor to be appointed the new Chief Judge to replace Justice Sunday Imo who retired last week, and governor Theodore Orji in line with procedure, forwarded the NJC recommended name to the House of Assembly for confirmation.

The House, however, rejected the appointment without even inviting the candidate to appear before it.

Mr. Chidebere Nwoko, the member representing Umuahia East in the House of Assembly, who raised the objection on the floor of the House last Tuesday, said seniority was not the only criterion to consider in the appointment of a Chief Judge of a state.

He did not give the other criteria to be considered which, perhaps, NJC neglected before recommending Justice Offonry.

Aba branch of Nigiera Bar Association, NBA, also faulted the decision of the House, saying the members did not follow due process.

The NBA expressed surprise that Justice Offonry was not even invited to the House by the relevant committee, let alone appear before the entire House for interview.

NBA described the manner the House rejected the appointment as “faulty legislative exercise”, saying the House jettisoned due process on the matter.

“In the order of seniority, Hon. Justice Ijeoma Offonry is the most senior occupying the number one position; Hon. Justice O.A. Otisi is the number 7th and Hon. Justice A.U. Kalu is the number 18th.

“There are twenty-six (26) Judges in Abia State High Court. The NBA, Aba branch, took the position that to remove unnecessary politics in the appointment of the Chief Judge that seniority ought to be followed in the appointment.

“That is exactly the position of NBA nationally and the Supreme Court, Court of Appeal, Federal High Court and indeed most State High Courts follow same process.

“The National Judicial Council (NJC) in its wisdom and pursuant to Section 271(1) of the Constitution of the Federal Republic of Nigeria, 1999, recommended Hon. Justice Ijeoma Offonry for appointment by His Excellency the Governor of Abia State, Chief T. A. Orji. His Lordship was consequently appointed and her name sent to the Abia State House of Assembly pursuant to Section 271 (1) of the Constitution of the Federal Republic of Nigeria, 1999 for confirmation of the appointment.

“Whilst the entire citizenry were awaiting the confirmation of the appointment by the House of Assembly, we heard that a member of the House moved a motion and that based on the motion the House rejected the confirmation of the appointment of Hon. Justice Ijeoma Offonry as the next Chief Judge of Abia State.

“Our enquiries revealled that in point of fact, what the House considered and voted upon was the letter submitting the name of Hon. Justice Ijeoma Offonry from the Governor. The Hon. Judge was not invited by the relevant House Committee or indeed the House of Assembly to present herself and her details for scrutiny to have an informed view before confirming or rejecting her confirmation. Due process was jettisoned.

“The Hon. Justice was not afforded fair hearing or indeed any hearing at all. The members indeed do not know her. We have all witnessed the confirmation of Chief Judges and the Chief Justice of Nigeria by the House of Assembly and the Senate of Nigeria.

“None was conducted in this manner whereby the Judge was not afforded a hearing by the House of Assembly. We consider what happened, a faulty legislative exercise. We call on the highly respected Abia State House of Assembly to set aside what they have done and do the right thing. “Under Section 271 (1) of the Constitution of the Federal Republic of Nigeria, 1999, they have the latitude to either confirm or rejected the confirmed, but in either case due process must be followed.

“That is the minimum we are asking the House of Assembly to do,”, Chairman, Aba branch of NBA, Mr. Uche Awa, said in a statement issued by the lawyers.

In forwarding the name of Justice Offonry to the House in accordance with the constitution, Governor Orji had in a letter said: “I write to inform you that the tenure of the current Chief Judge of Abia state, Hon. Justice Sunday Imo will expire on December 19, 2010, having attained the retirement age of 65 years.

“Consequently, the Abia state Judicial Service Commission recommended three Judges to the National Judicial Council for confirmation. [They] are Hon. Justice Agwu Umah Kalu; Hon. Justice Onyekachi Otisi; Hon. Justice Ijeoma Offonry.

“After due deliberations, the National Judicial Council via a letter dated December 6, 2010 signed the Chairman who is the Chief Justice of Nigeria, Hon. Justice Aloysius Katsina Alu, informed me that they have recommended Justice Ijeoma Offonry ton be the next Chief Judge of Abia state based on the fact the she is the most senior Judge in Abia state.

“To this end, inconsonance with the laws guiding the appointment of a Chief Judge of a state, I write to forward to you the name of Hon. Justice Ijeoma Offonry for confirmation as the next Chief Judge of Abia State”.