are indices of juicy things to come their way in terms of provision of adequate and relevant social infrastructure, creation of jobs for the teeming unemployed but employable youths, institution of a modern and efficient machinery for the provision of security for human lives and property, maintenance of law and order to mention but a few.
In any event however, the slogan of his rescue mission agenda, “Imo Must Be Better” presupposed that Imo State was already good before his enthronement as governor, with a promise now to make same better.
Incontrovertibly, Owelle Rochas Okorocha as the governor of Imo State has left indelible footprints on the sands of time in the areas of provision of good roads (in the metropolitan and urban areas though) and enhanced security for lives and property. Nevertheless, the maintenance of law and order which is the bedrock for development in any society, has attracted from his administration, an attitude of disdainful treatment, detachment, abandonment and I dare say, indifference. There is no gainsaying the fact that the maintenance of law and order in any given society is synonymous and coterminous with a proper and an acceptable standard and system of civil and criminal justice administration, the absence of which will open up the channel of chaos and anarchy into the society.
The maintenance of law and order and the administration of justice in any society cannot be divorced or isolated from one another. In fact, the maintenance of law and order in any society is a function and product of a well structured, articulated and coordinated system of the administration of justice.
It is in this regard and from this dimension, that I hereby observe as many “Imolites” would, if they had the opportunity, that the Owelle Rochas Anayo Okorocha administration, has treated and attended to matters concerning and bordering on the administration of civil and criminal justice in Imo State, with utter levity and utmost neglect.
Admittedly, the administration under reference has accorded a bumper welfare package to judicial officers both on the lower and higher bench in the state. This is not the end of the matter however, in determining whether the standard of proper administration of justice has been met and or satisfied. The level of the condition or state of the administration of justice which will irresistibly lead to the conclusion that there exists, a proper and an acceptable system and standard of civil and criminal justice administration, transcends this welfare phenomenon.
Worthy of remark at this stage consequently, is the fact that the Imo State Judiciary is substantially destitute on its higher bench, of judicial officers to grapple with the enormous task of civil and criminal justice administration in the state. This is exemplified by the fact that despite a depletion of judicial numerical strength, largely through retirements, there has not been any appointment of judges into the state High Court and the Customary Court of Appeal since mid 2008. The state Magistrates’ Courts and the Customary Courts are not spared this predicament which has undermined and militated against the administration of justice especially in the state High Courts, with the result that cases are scarcely heard at that level of the Imo State Judicial system and the litigants thereby groan under a situation of endless adjournments in the trial of their cases pending before the courts.
This unpleasant and nauseating state of affairs has been exacerbated by the peremptory, wrongful and unconstitutional dissolution of the state Judicial Service Commission in 2011 by His Excellency, the Governor of Imo State. This anti-statutory and ultra-vires act completely stalled every activity in the Judicial sector of Imo State such that Judiciary staff matters could not be handled and or treated as appropriate, while matters of Appointments, promotions, discipline and transfer of judicial staff especially at the levels of the Magistrates’ and Customary Courts, were held up and kept in a pitiable and sordid state of abeyance.
The unlawful dissolution of the State Judicial Service Commission aforesaid, has also taken its toll on the State High Court and the Customary Court of Appeal for the appointment of judges into the State High Court and the Customary Court of Appeal, the list of which has been pending before the National Judicial Council Abuja, since 2011, cannot till date, be approved by that Council and the State Customary Court of Appeal has remained without a confirmed and substantive President since November 2011 when the immediate past President of that Court – Hon. Justice A.B.C Egu- retired and Hon. Justice P.I. Okpara, was appointed in an Acting Presidential capacity only.
As at date, only fifteen (15) Judges (including the Chief Judge) are sitting in the Imo State High Court with several Judicial Divisions and a multiplicity of Courts in each Division, and only one (1) out of the two (2) panels that ought to sit over matters at the Customary Court of Appeal, is properly constituted to entertain matters in that Court.
It is now abundantly clear to all stakeholders in the Imo State Judicial Sector that the sole purpose of reconstituting the State Judicial Service Commission was cosmetic, and only served to bring in men and women who will be loyal to and do the bidding of the Governor, being used as it were, as a mere rubber-stamp to what ever action His Excellency may desire to take on the matter of judicial appointments in the state including appointments to the higher bench of the state.
Thanks to the National Judicial Council for the statutory machinery it has provided for the regulation and supervision of Judicial (Judges’) appointments in the states otherwise, the country would have fallen into the era of the past where state governors acquired dominion and exclusive authority over such exercises and all manner of persons were appointed to the Higher Bench.
Now that the coast appears clear for the appointment of more Judges for the State High Court and the Customary Court of Appeal with the apparent resolution of the crisis that rocked the state judiciary with the dissolution of the Judicial Service Commission, the proper and honourable approach for the state through the Chief Judge and the members of the Judicial Service Commission, to adopt, will be to take steps to revive the list already lying before the National Judicial Council, in order to fast-track the appointment process and avert a total collapse of justice administration culminating thereby, in a complete breakdown of law and order in the state.
Barring petitions which the state Chief Judge can however contend with, same being resolvable as it were, since such protests are natural in the course of events regarding an exercise of that sort, the State Chief Judge should prepare and proceed to defend His Lordship’s list already pending before the National Judicial Council.
Should the Chief Judge fail in this duty and rather commence a fresh appointment exercise, that course will be mendacious and suicidal, as same will be unrealisable owing to its certain hijack by the state administration as was the case with the recent magisterial appointments.
The potential irregularity and non conformity with laid down rules and procedure associated with such a fresh appointment exercise, will occasion a spate and deluge of more petitions and create a probable situation which will consequently continue to keep the state in the current judicial quagmire and doldrums in which it had found itself in the past five years.
The judiciary of Imo State is currently, certainly in executive bondage and ought to be set free from this subjection.
The consequent level of politicisation of judicial appointments to both the lower and higher bench in Imo State far exceeds that played and exhibited by politicians in the political class.
On the strength of the foregoing, the National Judicial Council as a watchdog over matters of appointments to the higher bench at both the state and federal levels, is hereby respectfully exhorted to watch -out and curb the incidence of executive interference in and monopoly of, any future appointments to the Imo State High Court and the Customary Court of Appeal.
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