PDP Petitions Ebonyi High Court Judge To NJC Over Alleged Abuse of Judicial Power

Ebonyi People’s Democratic Party has petitioned the National Judicial Council over alleged abuse of office,  use of judicial powers to confer unfair advantage on a party to frustrate the judgement of the Federal High Court fixed for delivery on the 8th of March, 2022.

In the petition sighted by The Lawyer, the PDP through it’s Counsel pinned its allegations on the conduct of Hon. Justice H.A. Njoku of the High Court of Ebonyi in the case between Sen Sunny Obuoji, Justin Mbam Ogodo & All Progressive Congress V Engr David Nwaeze Umahi & Dr Eric Kelechi Igwe.

The party alleged suspicion and lack of due process in the way the case was conducted and the manner in which judgement in the case was delivered on the 28th of February, 2022.

According to the petition, the said action filed by Sen Sunny Obuoji and Justin Mbam Ogodo on the 4th of February, 2022 amounted to an abuse of court process as it was a duplication of the suit filed by the PDP in  Suit No FHC/ABJ/CS/920/2021, between Peoples Democratic Party V Independent National Electoral Commission, Engr David Nwaeze Umahi and Dr Eric Kelechi Igwe on the 17th of August, 2021 and in which judgement had been reserved for delivery on the 8th of March, 2022.

“It is further our client’s instructions that the PDP, whose mandate, an All Progressives Congress (APC) candidate in the 2019 gubernatorial election in Ebonyi State sought in the suit was not joined as a party to the action.

It is our client’s instructions that the entire depositions in the affidavit in support of the Originating Summons, all border on the People’s Democratic Party. It is further our client’s instructions that relief two, and the first question for determination in the said action all revolved around the People’s Democratic Party whose mandate, the Plaintiffs sought to recover.”

They further averred in the petition, that the foregoing amounts to a breach of the twin principle of natural justice in addition to the fact that the Hon. Justice H.A. Njoku is incidentally from the same Local Government Area as the Governor, Dave Umahi, and that the suit was hurriedly instituted 14days after the Federal High Court in Abuja reserved judgement in the original suit commenced by the PDP and concluded the case in a short timeframe which gives rise to suspicion so as to frustrate the judgement of the Federal High Court to be delivered on the 8th of March, 2022.

The PDP described the actions as “making caricature of the judiciary and an abuse of process of the court in conspiracy with his kinsmen”.

In its own statement reacting to the judgement, the Chairman of the PDP in Ebonyi State, Hon Tochukwu Okorie urged PDP supporters to maintain calm as the Party would appeal the decision which he described as sham.

We call on our teeming supporters in Ebonyi State, not to take the law into their hands, as we have also taken steps, to immediately appeal against the sham judgment of Hon Justice H. A Njoku, at the Court of Appeal.

“That Peoples Democratic Party, Ebonyi State Chapter, is also aware of plans, of Roy Nweze Esq, in connivance with few other lawyers in Ebonyi State, to duplicate other pending actions against the government and governor of Ebonyi State, pending at the Federal High Court, Abuja, to obtain arranged judgments to frustrate those ongoing matters.

We want to state categorically, that we will not fold our arms, and watch the travesty of justice by the conducts, of supposed officers, in the temple of justice. We will take all legal steps necessary, to ensure that justice is not only done, but seen to have been properly done, in respect of the conduct of Roy Nweze Esq, and his cohorts.”