By Onyewuchi Ojinnaka
The suit filed by one Hon Justin Brown Amadi seeking to stop Governor Hope Uzodimma of Imo State and the National Judicial Council (NJC) from appointing Justice Ijeoma Agugua as the substantive Chief Judge of Imo State has been struck out by a Federal High Court sitting in Abuja.
Justice Inyang Eden Ekwo struck out the suit on grounds that Hon Justin Amadi (plaintiff) who claimed to be a Nigerian taxpayer, has no locus standi to institute the action.
Joined as defendants in the suit are Imo State Judicial Commission, Imo State Governor, Imo State Attorney General, Imo State House of Assembly, National Judicial Council and Justice Ijeoma Agugua.
In the suit, the plaintiff asked the court to decide whether NJC can recommend a suitable person for appointment as Chief Judge for Imo State in view of the provision of Section 158 of the 1999 constitution.
He also sought court order to restrain the NJC from recommending the Judge as the substantive Chief Judge for Imo State.
The plaintiff hinged his opposition to Justice Agugua to the fact that he had written a petition against her, arguing that the petition had not been considered by the NJC.
He averred that his fundamental right to fair hearing will be breached if Justice Agugua is made the substantive Chief Judge without first hearing his petition.
Responding, the defendants filed separate preliminary objections against the suit, countering the legal right of the plaintiff in the appointment of the Chief Judge.
The defendants submitted that being just a taxpayer in Imo State cannot confer legal right to the plaintiff to hold governor Uzodimma and institutions to ransom in the discharge of their judicial and legitimate official functions.
In his judgement, Justice Ekwo agreed with the defendants that Amadi completely lacked legal right to maintain such a suit before a court of record.
The judge held that the plaintiff failed woefully to show how his legal right would be endangered or jeopardized if the defendants are allowed to perform their duties.
“The plaintiff failed to show how his personal right override those of the entire people of Imo state as being a taxpayer is not enough to institute such an action.
“In a suit of this nature, plaintiff must establish that his personal interest and legal right are real and tangible in law and not personal aggrandizement as done in this matter.
“From the totality of the case of the plaintiff, he acted in bad faith with utter malice. He embarked on adventures without a cause. His case is simply mischievous.
“I disagree with the plaintiff that his right to fair hearing will be breached unless his petition against Justice Agugua is treated first by the NJC.
“To allow the plaintiff to go ahead with this kind of suit will amount to an individual holding a statutory body into ransom.
“This case is liable to be struck out and I hereby accordingly strike it out for lacking in merit and substance,” the Judge held.