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Access to Justice Welcomes the Removal of Justice K.O Amah as Chief Judge of Abia State

Hon. Justice K.O. Amah was reportedly removed from office as Chief Judge of Abia State on Monday, 3 rd July 2006, on account of what the Abia State Governor, Orji Kalu, said was the loss of confidence of all the Judges in the state in him. According to the Governor, the Judges had unanimously passed a vote of no confidence in him. Access to Justice welcomes the removal of Hon. Justice K.O. Amah as Chief Judge for the reasons stated hereunder. Prior to this time, Access to Justice had drawn attention to the protracted crisis of justice administration in Abia State, and had added its voice (to many others) urging the National Judicial Council (NJC), to take needed action towards restoring the proper atmosphere for the administration of justice in Abia State, and salvaging the Abia justice system from its deep-water plunge. The removal of Hon. Justice K.O. Amah from office is a breakthrough to stakeholders in the administration of justice in Abia State, and will hopefully create the opportunity to restore dignity and authority to the judicial branch in that State.

Justice K.O. Amah had been Chief Judge of Abia since 1998, but it was not long after assuming office that he became enmeshed in controversy. Petitions against him, accusing him of a systematic pattern of corruption, and gross ineptitude emerged from nearly every facet of the justice stake-holding community. In all the institutions where petitions against Justice K.O. Amah have been taken, those petitions have been sustained either wholly or in part. The National Judicial Council has reprimanded him over misconduct, and the Abia State House of Assembly has, twice now, by resolution asked Abia State Governor to remove Justice Amah from office. These resolutions predicated on findings from inquiries and investigations into petitions against Hon. Justice K.O. Amah. Justice Amah's unorthodox and uncanny ways had estranged him from all and sundry in Abia State. He had lost the confidence of his brother Judges, as well as various Bar Associations in Abia which had persistently, called for his removal.

Justice Amah enjoyed even less popularity with the staff of Abia State judiciary. In 2002, officers of the Judiciary Staff Association of Nigeria (JUSAN, formerly Court Registrars Association of Nigeria CRAN) brought a petition to the National Judicial Council (NJC) containing serious allegations of improprieties, highhandedness and misconduct against Justice Amah. After the NJC cautioned Justice Amah following the petition, Hon. Justice Amah scrapped the barrels to insure that these Judiciary workers paid dearly for their courage, which ultimately resulted in their premature retirement and partial loss of wages. But it was not only these JUSAN workers that Hon. Justice K.O. Amah tackled. There are multiple and vexed lawsuits and petitions from various individuals and constituencies against him and his administration. In contending with these adversities, Justice Amah dissipated too much of valuable time, energy and resources. The proper administration of justice has been the ultimate victim of such a huge miscarriage of attention and focus.

In all of this, it is regrettable that it took the political process to effect the removal of Justice K.O Amah from office, in spite of all the information and opportunity available to the NJC. For too long, the NJC hesitated in finding a constructive intervention to the crisis in Abia State, and was smugly indifferent to the plaintive agitations of stakeholders in Abia State over the Judiciary's leadership crisis, and the erosion of stature, authority and dignity in the Abia justice landscape.

Access to Justice urges the National Judicial Council to carefully look into Abia State judiciary and take expedient steps to recommend a new Chief Judge who would ably confront the challenges and deal with the many urgent issues encumbering the state judiciary. We also urge Abia Judges to work hard at re-inventing the authentic spirit and dignity of selfless judicial service and at restoring public respect and confidence in the rule of law, and the Justice system. We urge the acting Chief Judge, and any person who would be appointed substantive Chief Judge, to work assiduously towards repairing the damage done to the Judiciary, and defusing the tensions that have sparked or escalated the crisis within the Judiciary these many years, particularly, by restoring to their offices, the five gallant workers of the State Judiciary who risked their careers and lives to call attention to the troubling state of affairs in the Abia Judiciary. These courageous five have now, finally, been vindicated. It is time to recognize the sacrifices they have made. This is not only just, but it is equitable.

There is still so much left to be done about Justice Amah's case. There are several new petitions pending against him, before the National Judicial Council (NJC), the Code of Conduct Bureau, the Economic and Financial Crimes Commission (EFCC), and the Independent Corrupt Practices Commission (ICPC). These petitions contain allegations too grave to be ignored, too serious to be overlooked and too damning to be condoned. We urge that they be thoroughly investigated and, if substantiated, Justice Amah should face further measures of discipline, as the judicial office is too lofty to be occupied by not-so-deserving persons.

As we strive to promote a democratic and civil society, it is pertinent to hold public officers accountable for their actions. This is especially so where it relates to the integrity and independence of the judiciary for, as a jurist, once questioned “ if the citadel of justice is corrupt, what happens to the body politic ?”

Signed

Joseph Chu'ma Otteh Executive Director

Yves Chinedu Nwagu Legal Programme Attorney