The Socio-Economic Rights and Accountability Project (SERAP) has threatened to pull Abia Governor, Okezie Ikpeazu to court docket if Justice Theresa Uzokwe will not be restored because the Chief Judge of the state.
A press release issued by the human rights group on Sunday mentioned it will contain the National Judicial Council (NJC) and United Nations particular process mechanisms to hunt justice.
It known as on Gov. Ikpeazu to withdraw appointment of Justice Obisike Orji because the Acting Chief Judge of the state and restore Justice Theresa Uzokwe because the Chief Judge.
The assertion signed by SERAP’s Deputy Director, Mr Timothy Adewale, described Orji’s appointment as unlawful.
The Abia House of Assembly had on Jan. 26, handed a decision suspending Uzokwe over allegations of misconduct.
The home led by Mr Chikwendu Kalu arrange an eight-man ad-hoc committee to research the allegations.
Kalu requested Ikpeazu to nominate an appearing chief decide pending completion of the committee’s investigation.
SERAP mentioned that the suspension of Uzokwe with out the involvement of the NJC was illegal.
“The purported suspension of Justice Uzokwe violates Sections 292 (1)(a)(ii) and 21(d) Part 11 of the Third Schedule to the 1999 Constitution of Nigeria (as amended).
“It quantities to a blatant assault on the integrity and independence of the judiciary.
“No decide anyplace in Nigeria could be eliminated with out the involvement of the NJC regardless of the extent of allegation of misconduct in opposition to that decide,’’ it mentioned.
SERAP additionally claimed that the suspension of Uzokwe was politically motivated, and cautioned that it will set a nasty priority for different state governments.
It added that Uzokwe’s suspension constituted a risk to the independence of the judiciary.
“The benefits of the integrity of the judiciary should never be supplanted by the temerity and excessiveness which political powers often breed.”
“An unbiased judiciary is the inspiration upon which the complete construction of our structure rests.
“The suspension of Justice Uzokwe is a critical risk to this independence, and any impression that this precept is being improperly eroded must be instantly and speedily addressed,’’ it mentioned.
According to SERAP, a decide is in no sense below the path of the manager.
“The judiciary is in a spot aside, and constitutionally unbiased.
“It is of supreme significance, not solely that justice be performed, however that litigants earlier than the court docket and the general public typically perceive that it’s being performed and that the decide is beholden to nobody however God, his or her conscience and the judicial oath.
“The framers of our constitution sought to establish the judiciary’s independence and remove undue influence by both the executive and legislative branches by prescribing due process of law for removal of judges,” SERAP mentioned.
The rights group mentioned that restoring Uzokwe could be according to the 2012 Supreme Court resolution within the case of Raliat Elelu-Habeed and one other versus Attorney General of the Federation and Attorney General of Kwara State.