Tension In Akwa Ibom State Judiciary As Lawyer Drags Chief Judge, Attorney General And Others To Court Over Alleged Illegal Appointment Of Chief Registrar; Threatens To Invite ICPC

Tension In Akwa Ibom State Judiciary As Lawyer Drags Chief Judge, Attorney General And Others To Court Over Alleged Illegal Appointment Of Chief Registrar; Threatens To Invite ICPC

An Uyo based legal practitioner and activist, Ndifreke Aquaisua, Esq. has dragged the State Chief Judge, Hon. Justice Ekaette F. Obot, the State Attorney General and others to court over an alleged illegal appointment of Ekpris Gladstone Urujzian as the Chief Registrar of Akwa Ibom State High Court .

The Originating Summons sighted by reporters was filed at Ikot Ekpene Judicial Division of Akwa Ibom State Judiciary with suit number HT/9/2022.

In the Originating Summons, the Plaintiff is seeking the determination of Five questions and six reliefs. Some of the questions for determination are:

1. Whether the 4th defendant (Judicial Service Commission) was properly constituted under Section 7 of the Judicial Service Commission Law of Akwa Ibom State, 2000 at the time the 1st defendant (Ekpris Gladstone Urujzian) was interviewed considering the fact that the 1st defendant was the substantive Secretary of the 4th defendant at the time he was selected, interviewed and appointed as the Chief Registrar of High Court of Akwa Ibom State.

2. Whether the appointment of the 1st defendant as the Chief Registrar of High Court of Akwa Ibom State was proper, legal and constitutional in view of Sections 59 (1) of the High Court Law of Akwa Ibom State, Section 7 of the Judicial Service Commission Law of Akwa Ibom State, 2000, Part 1, Paragraph 6(c) of the Third Schedule to the 1999 Constitution of Nigeria considering the fact that the 1st defendant was the secretary of the 4th defendant at the time of the purported appointment.

3. Whether in the circumstances surrounding the appointment of the 1st defendant as the Chief Registrar of High Court, it can be said that the 4th defendant observed the principles of fair hearing entrenched in Section 36 of the 1999 Constitution of Nigeria (as amended) considering the fact that the 1st defendant was the 4th defendant's Secretary at the time of the appointment.

The reliefs sought by the legal practitioner and activist include:

1. A DECLARATION that the appointment of the 1st Defendant as the Chief Registrar of Akwa Ibom State High Court by the 4th Defendant acting through the 2nd and 3rd defendants is illegal, unconstitutional, null, void, unlawful and of no effect.

2. AN ORDER of perpetual injunction restraining the 1st defendant from parading himself, acting and or operating in any way or manner as the Chief Registrar of High Court of Akwa Ibom State and the 2nd defendant from further dealing with the 1st defendant as the Chief Registrar of High Court of Akwa Ibom State forthwith

3. AN ORDER compelling the 1st Defendant to immediately vacate the office of the Chief Registrar of High Court of Akwa Ibom State, refund all the entitlements received as such while parading himself as the Chief Registrar of Akwa Ibom State High Court forthwith

4. A DECLARATION that the 1st defendant is not a fit and proper person to be appointed the Chief Registrar of High Court of Akwa Ibom State in view of the fact that he was the Secretary of the 4th defendant who happens to be the appointing officer

5. A DECLARATION that the 4th defendant was not properly constituted as at the time the 1st defendant appeared before her for interview as a candidate for appointment on the ground that the 4th defendant did not have any secretary then.

6. AND FOR such further order and other orders as this honourable court may deem fit to make in the circumstances of this case.

It can be recalled that the current Chief Registrar of Akwa Ibom State High Court, Your Worship Ekpris Gladstone Urujzian is the immediate past Executive Secretary of Akwa Ibom State Judiciary Service Commission who called for applications for the office of the Chief Registrar that was vacant due to the elevation of the then Chief Registrar, Your Worship, Effiong Effiong to the Bench. The current Chief Registrar of Akwa Ibom State High Court, Ekpris Gladstone Urujzian also applied to himself, took part in the screening exercise, interviewed himself and finally at the same time, the person appointed as the Chief Registrar of High Court of Akwa Ibom State. This puts the former Executive Secretary of the State Judiciary Service Commission, Your Worship, Ekpris Gladstone Urujzian in the position of student/teacher and the examiner at the same time.

The case will be coming up for mention on the 7th day of April, 2022.