RE:- YOUR PERPETRATION AND EXHIBITION OF EXECUTIVE LAWLESSNESS AND RASCALITY AS THE CHIEF LAW OFFICER OF ABIA STATE IN THE PURPORTED 2024 PROCESS OF APPOINTMENT OF JUDGES OF ABIA STATE DURING THE PENDENCY OF SUITS AGAINST AND CONCERNING THE 2024 PROCESS AT THE FEDERAL HIGH COURT ABUJA & UMUAHIA RESPECTIVELY WITH PENDING MOTIONS FOR INJUNCTION PENDING APPEALS AT THE COURT OF APPEAL OWERRI CONTRARY TO THE RULE OF LAW AND THE NATIONAL JUDICIAL COUNCIL(N.J.C) POLICY.
The above subject matter refers.
We write you as Solicitors to the 2022 Shortlisted Candidates for the Appointment of Judges of Abia State (“Our Clients”) and on their instructions in respect of the above subject matter as hereunder;
1. That you know that there was a 2022 process of Appointment of Judges of Abia State, concluded by the Judicial Service Commission (J.5.C) culminating in the forwarding of the 2022 Shortlisted Candidates for the Appointment of Judges of Abia State to the N.J.C and who were duly interviewed by the N.J.C on the 17th day of October, 2022 but the release of the result was put on hold because of pending litigation.
2. That you also know that the purported 2024 process of Appointment of Judges of Abia State (the 2024 process) embarked upon by the Judicial service commission (J.S.C) of which you are a statutory member is subject of pending litigations in suit NO. FHC/ABJ/CS/298/2024 at the Federal High Court Abuja, in suit NO. FHC/UM/CS/09/2024 at the Federal High Court Umuahia and in Appeal NO. CA/OW/300M/2024 at the Court of Appeal Owerri arising from the Judgment of the National Industrial Court Owerri in suit No. NIC/OW/05/2024 and that no party to the pending suits including you have no right to take any steps during the pendency of the suits which may deride the authority of the Court or give the impression that the Court is being used as a subterfuge while you resort to self-help or extra-Judicial acts without awaiting the result or outcome of the pending litigations over the purported 2024 process now in issue.
3. That you are also aware that there are pending motions for prohibitive injunction and injunction pending Appeal in Appeal NOs. CA/OW/280/2023, CA/OW/298/2023 and CA/OW/300*/2024 at the Court of Appeal Owerri against the 2024 process.
4. That by virtue of your position you are aware of the subsisting N.J.C Policy of Putting on Hold any process of appointment of Judges in any State that is Sub-Judice or Lis-Pendis or subject of pending litigations and as such you cannot feign Ignorance of the Subsisting Extant N.J.C Policy that has effectively put on hold the 2024 process after the institution of the suit you commenced at the National Industrial Court Owerri, now on Appeal and the institution of the other pending suits at the Federal High Court until the determination of aforesaid suits and matters in Court.
It is instructive to point out to you, that as the Chief Law Officer of Abia State you cannot ignore our earlier letters of caution to the Chairman Judicial Service Commission dated 07/11/2024 and to the Hon. Chief Judge Abia State dated 11/11/2024 copies of which letters were copied to you and duly served on you on 8/11/2024 and 12/11/12024 respectively against embarking on your self-arranged sham examination for the Applicants/Candidates in continuation of the 2024 process, during pending litigations against the 2024 process and contrary to the N.J.C Policy.
We are therefore flabbergasted that you exhibited Executive lawlessness and undue interference by the executive in the process of appointment of Judges of Abia State, and proceeded to conduct a sham examination for the Judgeship Applicant on the 13th day of November, 2024 at Sambisa centre of Michael Okpara Federal University of Agriculture, Umudike and in the process you threw caution to the wind by personally supervising the arranged written examination amidst your security agents and ultimately addressed the candidates of the technical hitches that are aborted or botched the examination.
The scandalous question begging for answer Is, what is the business of Mr. Ikechukwu Uwana as the Attorney General of Abia State in handling personally the sham and inchoate examination for candidates for appointment of Judges of Abia State and in personally procuring the unknown examiner who set the purported examination and in your personal supervision of the examination at Sambisa Centre in Michael Okpara Federal University Umudike where you personally addressed the candidates about the technical hitches in the conduct of the botched examination.
The answer to the above critical question is very obvious, which is that you have hijacked from the J.S.C the purported 2024 process of appointment of Judges of Abia State in order to set the arbitrary pace and stage to facilitate executive interference in dictating and imposing your favoured candidates in the purported 2024 process of Judges of Abia State that will ultimately do your biddings and cage the Judiciary in Abia State.
We therefore ask you the pertinent question in propelling the purported 2024 process during pending litigations and contrary to the N.J.C Policy, which is, where is the adherence to due process of Law, the Rule of law and the safeguard for the Independence of the Judiciary when you have hijacked, spearheaded, masterminded, superintended, directed and controlled the purported 2024 process of appointment of Judges of Abia State? The answer to the above question is, that you have exhibited breaches of due process of La, violation of the rule of law and negation of the subsisting extant N.J.C Policy which is detrimental to the image of the Judiciary, interest of the general public including the litigants, the interest of the Bar, the Bench, the legal profession, and legal practice.
TAKE NOTICE, that this letter serves as a CAUTIONARY AND PRE- ACTION NOTICE AGAINST YOUR WRONGFUL AND UNJUSTIFIABLE ACTS COMPLAINED ABOVE AND AS A WARNING TO DESIST FORTHWITH FROM THE CONTINUATION OF THE PURPORTED 2024 PROCESS OF APPOINTMENT OF JUDGES OF ABIA STATE UNTIL THE DETERMINATION OF THE LITIGATIONS AND PENDING SUITS IN COURT AGAINST THE SAID PROCESS AND IN OBEDIENCE TO THE RULE OF LAW..
