THE Imo House of Assembly on Thursday recommended the sack of the state’s Chief Judge, Justice Theresa Chukwuemeka-Chikeka, for misconduct and alleged age falsification pursuant to Section 292 of the Constitution.
During a plenary at the House of Assembly, two-third majority of the lawmakers overwhelmingly voted in favour of recommendations of the house adhoc-committee set up to look into a petition brought by a civil society group under the aegis of Civil Society Engagement Platform against the chief judge for age falsification.
The recommendation prayed the governor, Hope Uzodimma, to remove Justice Chukwuemeka-Chikeka from office for alleged misconduct, under Section 292 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The house also recommended the resolution be forwarded to the National Judicial Council (NJC) for further and necessary action.
Earlier, the house set up a four-man adhoc committee for proper investigations and detailed report, following a petition brought before the house by the Civil Society Engagement Platform (CSEP)with the caption, “Petition Against The Chief Judge of Imo State, Hon Justice Theresa Chukwuemeka Chikeka For Age Falsification Which Is A Grave Criminal Offence And An Act For Which Many Other Judges And Justices Have Been Summarily Dismissed And Some Are Currently Being Prosecuted By The Independent Corrupt Practices Commission (ICPC).”
Consequently, according to the said provisions of Section 292(1) (a)(ii)of the 1999 constitution of the Federal Republic of Nigeria, the petition was referred to an adhoc committee with the following as members, Hon Ikenna Ihezue(chairman), Hon Bernard Ozoemenam(member), Rt Hon Clinton Amadi (member) and Hon Ebonine Beneath (member) with Mrs Anne Martins Ezirim as clerk of the committee.
In carrying out its assignment, the committee invited relevant persons and institutions who made oral and documentary submissions, which enabled the committee to make recommendations that were considered by the committee of the whole house.
Justice Chukwuemeka- Chikeka is said to have refused to honour the committee’s invitation through a letter she sent to the House on Friday, the 12th of July, 2024 citing the I999 Constitution as a reason for not appearing while saying she would only appear before a panel set up by the NJC.
The investigating committee invited the Petitioners, Civil Society Engagement Platform (CSEP), was represented by its director of investigations, Comrade Ndubuisi Onyemaechi who adopted and owned up the petition.
The Head of Service, Imo State; the Secretary, Imo State Judicial Service Commission; the Secretary to Council of Legal Education and Director of Administration, Nigerian Law School were all contacted by the ad-hoc committee to find out the actual date of birth of the Chief Judge as filled when she was admitted into the Nigerian Law School in 1981 and when she started work in the Civil Service of the State in 1993.
The Secretary to Council and Director of Administration at the Nigerian Law School, as well as the Head of Service, Imo state sent written responses to the adhoc committee from their records.
From the submissions that were received from all other persons and institutions contacted and invited, it was established that indeed, the Chief Judge, Theresa Chukwuemeka- Chikeka adjusted her date of birth from October 27, 1956 to October 27, 1958, by way of a Statutory declaration of age sworn in 2006 long after she filled her date of birth in her law school form. This Statutory declaration of age was submitted by to Judicial Service Commission.
Based on this finding, the four-member adhoc committee established that there was misconduct by Chukwuemeka Chikeka and consequently recommended her removal from the office by the Governor of Imo State.
The Committee also recommended that the House Resolution on the said recommendation for removal be sent to NJC for further necessary action.
These recommendations were adopted at the Committee of the whole House by all 19 members sitting and voting.