The Federal High Court in Abuja has fixed October 21, 2025, for ruling in a suit seeking an order of mandamus to compel Governor Hope Uzodinma of Imo State to appoint the most senior judge as the state’s Chief Judge.
Justice Mohammed Umar scheduled the date after the applicant, Victor Nwadike, a lawyer, addressed the court on issues of jurisdiction.
Mr. Nwadike informed the court that a motion ex-parte had been filed against Governor Uzodinma over his alleged failure to appoint the most senior judge to the Chief Judge position. He submitted a written address on September 10, citing both Nigerian law and persuasive authorities from the United States to support the argument that the court has jurisdiction to grant an order of mandamus.
“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,” he said, noting that the relief is a prerogative power of the court and can also be granted under the doctrine of necessity.
Justice Umar raised concerns about the inclusion of the National Judicial Council (NJC) in the suit, observing that the council had already directed the governor to act and that no relief was being sought against it. Mr. Nwadike clarified that the reliefs were only against the governor, but requested that if the court found it lacked jurisdiction, it should transfer the case to the appropriate court in Imo State.
The suit, filed on July 2, 2025, names Governor Uzodinma, the Attorney-General of Imo State, and the NJC as defendants. It seeks “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 forthwith, without delaying a day more,” in accordance with Section 271(4) of the 1999 Constitution (as amended).
In an affidavit supporting the motion, Mr. Nwadike stated that the NJC had issued directives on April 30 and June 26, 2025, instructing the governor to appoint the most senior judicial officer in the state as acting Chief Judge. Despite these directives, the governor has yet to comply.
The lawyer emphasized that the reliefs sought aim to uphold the sanctity of the constitution and ensure the interest of justice.
