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The Federal High Court in Abuja has scheduled 21 October for its ruling on a lawsuit seeking an order of mandamus to compel Governor Hope Uzodimma of Imo State to appoint the most senior judge as the state’s chief judge.
Justice Mohammed Umar fixed the date after the applicant, Victor Nwadike, who is also a legal practitioner, presented arguments before the court concerning jurisdictional matters.
On 16 July, Justice Umar had instructed Mr Nwadike to explain to the court why his requested reliefs should be granted, given questions over the court’s jurisdiction.
At the resumed hearing, Mr Nwadike informed the court that during the last adjournment, he had filed a motion ex parte against Mr Uzodimma, accusing him of failing to appoint the most senior judge as chief judge.
The lawyer noted that in compliance with the directive to address the court on jurisdiction, he had submitted a written address dated 10 September.
“We also forwarded by way of letter, also dated September 10, persuasive authorities from the United States of America (USA) and addressed to the deputy registrar of the court,” he said.
He added that it was his firm belief that the court has the jurisdiction to hear the case.
Mr Nwadike argued that an order of mandamus falls within the prerogative powers of the court and further asserted that the court inherently holds the authority to grant such an order.
He stated, “By virtue of Section 66, my lord can make an order of mandamus for a public officer to perform certain duties assigned to them in accordance with the law.’’
The lawyer cited rulings from Nigeria’s Supreme Court, along with judgments from the United States Supreme Court, to support his case.
“Without prejudice to all that I have said, my lord, I submitted in the written address that this is one of the inferences where the doctrine of necessity can be applied,” he added.
However, Justice Umar raised a concern about the inclusion of the National Judicial Council (NJC) in the case, considering the NJC had already fulfilled its role by directing the governor to act accordingly.
In addition, the judge noted that no specific relief was being sought against the NJC, which is a federal institution and would typically justify bringing the case before a Federal High Court.
“I am not saying we don’t have discretion to grant an order of mandamus, which is an administrative thing. What I mean is to address me on NJC’s issue,” the judge said.
In response, Mr Nwadike explained that the only reliefs in the suit were directed at the governor, who is named as the 1st defendant.
He further stated that if the court ultimately finds it lacks jurisdiction over the matter, he respectfully requested that the case be transferred to a competent court within Imo State, as permitted under the court’s discretionary powers.
Justice Umar then adjourned the matter to 21 October for a ruling.
The legal practitioner had filed the motion ex parte on 2 July, under case number FHC/ABJ/CS/1303/2025, listing the Imo State governor, the state’s attorney-general, and the NJC as the 1st to 3rd defendants respectively.
The motion requested “an order granting leave to the applicant to apply for an order of mandamus compelling the governor of Imo State to appoint the most senior Judge of the High Court of Imo State to perform the functions of the Chief Judge of Imo State forthwith, without delaying a day more.”
He explained that this demand was in line with Section 271 (4) of the 1999 Constitution (as amended).
In an affidavit submitted in support of the motion, Mr Nwadike stated that the NJC had issued a directive on 30 April, instructing Mr Uzodimma “to appoint the most senior judicial officer in the State High Court’s hierarchy as the acting chief judge of the state in conformity with Section 271 (4) of the 1999 Constitution (as amended).”
He noted that on 26 June, the NJC had reiterated this directive to the governor, again asking him to swear in the most senior judge as acting Chief Judge.
According to him, up until now, the 1st defendant had failed to appoint the most senior judge of the Imo State High Court to assume the responsibilities of chief judge.
“I have filed this action to compel the 1st defendant to appoint the most senior judge of the High Court of Imo State to perform the functions of the chief judge of Imo State, in adherence to Section 271 (4) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
He emphasised that the reliefs being sought were motivated by a desire to uphold justice and preserve the sanctity of the Constitution.
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