In a development stirring strong reactions within Imo State’s legal community, two constitutional suits filed by activist and former NBA Owerri Secretary, Mr. Chinedu Agu, have been reassigned to a new judge and given the same hearing date —3 0th May, 2025.
The first matter, Suit No. HIH/8M/2025, Seeks extension of time to apply for leave for an order of Mandamus compelling the Governor to appoint the most senior Judge of the High Court of Imo State as Acting Chief Judge of Imo State pursuant to S. 271 (4) of the Constitution.
The lawsuit was originally scheduled to be heard at the High Court sitting in Iho Judicial Division on 9th April, 2025, but sources stated that on Tuesday, 8th April 2025, the Chief Registrar of the Imo State High Court, N.J. Achunulor, Esq., personally visited the division and retrieved the case file following the transfer of the judge originally hand, and the Judge abruptly transferred with immediate effect on the morning of the scheduled hearing.
The suit has now been reassigned to Justice C. N. Akowundu, sitting in Owerri.
In similar fashion, Suit No. HMI/49/2025, filed at the Mbaitoli Judicial Division, was also recalled and reassigned to Hon. Justice Akowundu. This suit contests the legality of the Governor’s appointment of three legal practitioners instead of two, and one non-legal practitioner instead of two, into the Imo State Judicial Service Commission (JSC), allegedly in breach of Paragraph 5, Part II of the Third Schedule to the 1999 Constitution (as amended).
Both suits were originally pending before different High Court divisions— Iho and Nwaorieubi —but were allegedly surreptitiously reassigned without formal applications from either the Plaintiff or the Defendants.
After two days of tracking the case files through the court registry, Mr. Agu discovered that both suits had been scheduled for hearing on the same date— 30th May, 2025 — by directive of the Acting Chief Judge.
This administrative handling has triggered concern and criticism among members of the legal community in Owerri. Lawyers have questioned the transparency of recalling and reassigning politically sensitive cases without party applications or judicial explanations, especially where hearing dates are fixed without input from the Plaintiff.
Agu described the situation as “bizarre, innovative and troubling,” noting that he has informally alerted the NBA Owerri Branch Chairman, and is preparing a formal petition to the National Judicial Council (NJC).
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