Posted by By GEOFFREY ANYANWU, Awka on
Anambra State House of Assembly has asked the state governor, Dame Virgy Etiaba to remove the state's acting Chief Judge, Justice Umegbolu Nri-Ezedi.
• Says he's overaged
Anambra State House of Assembly has asked the state governor, Dame Virgy Etiaba to remove the state's acting Chief Judge, Justice Umegbolu Nri-Ezedi.
Moving a motion, signed by 21 members at the sitting of the House on Thursday, the Majority Leader, Sir. Humphrey Nsofor, said that the House, in performing its oversight functions, wrote to the Council of Legal Education for relevant information about the acting Chief Judge.
He said: "Whereas in response to the inquiry of this honourable House, the Council of Legal Education, by its letter, dated 24th day of January, 2007 furnished the bio-data of the said Honourable Justice Nri-Ezedi as supplied by himself as follows: name: Nri-Ezedi Emmanuel U. O. (Mr.), date of birth: 10th December, 1935. Date of call to the bar: May/June 1971.
"Whereas section 291 (1) and (2) of the constitution of the Federal Republic of Nigeria, 1999 provides as follows: A judicial officer appointed to the Supreme Court or the Court of Appeal may retire when he attains the age of 65 year and he shall cease to hold the office when he attains the age of 70 years.
A judicial officer appointed to any other court, other than those in subsection (1) of this section, may retire when he attains the age of 60 years and he shall cease to hold office when he attains the age of 65 years.
"Whereas the Honourable Justice Umegbolu Nri-Ezedi, being 72 years old, is over and above the constitutional age of retirement and is not qualified to act as Chief Judge of Anambra State, but in breach of the constitution and contravention of the Code of Conduct has knowingly and corruptly presented himself for swearing-in as acting Chief Judge of Anambra State and is hereby guilty of misconduct.
"Whereas upon this gross act of misconduct on the part of the Honourable Justice Umegbolu Nri-Ezedi and the unconstitutionality of his appointment as acting Chief Judge ab initio and whereas it is incumbent upon this honourable House to perform its duties under section 292 (1) (a) (ii) of the constitution of the Federal Republic of Nigeria, 1999 to cause the removal of the acting Chief Judge in these circumstances."
The lawmakers therefore, resolved unanimously, that the House asks Governor Etiaba to remove Justice Nri-Ezedi from office as acting Chief Judge.
Before the motion was passed, the Speaker, Hon Mike Balonwu, ensured that all 21 lawmakers, who are signatories to the document, accepted or denied their signatures.
Balonwu said: "I am doing this because of our last experience when they said we were not up to the required number. You can see yourself that the 21 members seated here have all owned up to this document and have openly said yes to the motion".