By Ndu Chris Nwannah, Guest Writer and Joseph Nwiyi, Reporter, Awka Times Magazine
Awka political combatants waited in agonizing suspense for nearly three years to get a judgement from the appeals court sitting in Enugu. They had incurred inestimable costs, racked up mileage and travel time, with their nerves constantly on edge, as they made the journey back and forth to Enugu to argue over the complicated case of Awka Development Union Nigeria (ADUN) involving Engr. Tony Okechukwu, its government-recognized president-general, and an opposing faction of ADUN. Awka needed Enugu to pronounce on its domestic squabbles. But when the judgement came in July 2019, 34 excruciating months after the case was first initiated, it left no one truly satisfied. Nerves were frayed. Attitudes had calcified. And the combatants are in fact back in court again seeking an interpretation of a ruling that was 34 months in the making.
How different it might all have been had the presiding court itself been located locally in Awka.
That possibility is now a reality. On February 5, 2020, a division of the Nigerian federal appeals court was inaugurated in Awka, capital of Anambra State, after a concerted effort by the state administration which formed a formidable committee to pursue this objective. The localization of the appeals court in Awka ends the logistical nightmare for the throng of litigants from Anambra State who make up about 70% of the cases heard in the Enugu Appeals Court, as indicated by the state governor, Willie Obiano, speaking at the inaugural ceremony.
The inauguration of the Awka federal Appeals Court complex, located at the Old Customary Court of Appeal, Awka, was performed by the President of the Court Appeal, Justice Zainab Adamu Bulkachuwa, who signed the letter of approval in 2019 designating the court after ascertaining that the conditions stipulated for the location of the appeal court had been met.
▲ President of the Court Appeal, Justice Zainab Adamu Bulkachuwa who inaugurated the Awka Division of the Appeal Court on Feb 5, 2020
Justice Bulkachuwa said that she appreciated the Anambra State Governor, Willie Obiano, for his efforts to ensure that the court became operational in the state.
The number of Appeal Court divisions in Nigeria had increased from three in 1976 to 16 previously, and in the past few days to 18 with the establishment of divisions in Awka and Asaba, capital of Delta State. Two more have been approved but not yet commissioned for the Kano and Gombe judicial divisions.
Justice Bulkachuwa explained that the increase would offer greater access to justice and augur well for a quicker dispensation of cases, although she bemoaned the court’s paltry budget and appealed for improved budgetary allocation to allow for optimum service delivery. Justice Bulkachuwa stressed that the Awka Appeal Court’s panel members were thoroughly selected and comprise of dedicated Justices. Appeal court judges are recommended by the National Judicial Council, nominated by the President of Nigeria and confirmed by the Senate.
The Presiding Judge of Appeal Court, Awka Division, Justice C. E. Nwosu-Iheme, expressed her gratitude to the state government for ensuring the realization of the project. Justice Nwosu-Iheme pledged that the court would handle cases before it judiciously and urged for assistance to enable it to operate from a permanent complex. As earlier reported by Awka Times, the old Customary Court of Appeal building in Awka is currently serving as the administrative building of the Court of Appeal, with chambers for the five justices on the bench located in the building.
Speaking at the occasion, Governor Willie Obiano noted that the establishment of the Appeal Court in Anambra State was necessitated by the large volume of cases emanating from the area. He said the effort would decongest the Appeal Court Enugu Division as well as reduce the risks associated with travelling to Enugu to file cases.
Governor Obiano said that his administration was committed to the rule of law and asserted that the presence of the court would create jobs for the indigenes.
For the governor, this was the fruition of an effort started when he set up a five-person committee to work for the establishment of a federal court of appeal in Anambra State. The committee was led by Dr. Onyechi Ikpeazu (SAN), with Special Adviser to the State Government on Legal Matters, Mrs. Patricia Igwebuike, serving as its as secretary. The committee included Justice Anthony Iguh, who had served on the Supreme Court; Mr. Emeka Etiaba (SAN); and Dr. Uju Nwogu, Anambra State Attorney-General and Commissioner for Justice.
The Acting Chief Judge of Anambra State, Justice Onochie Anyachebelu, had in a remark described the new Appeal Court as a milestone in the history of the state and stressed that it would bring a relief to the litigants and justice to the door steps of citizens.
The President of Ohaneze Ndigbo in Anambra State, Chief Damian Okeke-Ogene, who represented its National President, Chief Nnia Nwodo, extolled the state government for initiating the process, saying that the people would benefit immensely from the project.
In an interview the Managing Director of Awka Capital Development Authority, Venerable Amechi Okwuosa who is a legal practitioner, described the new court as “a great milestone in the judicial system.” According to him, it would reduce the inconveniences encountered in going to Enugu to file appeal cases.
The event was witnessed by government functionaries, judges, magistrates, lawyers, traditional rulers, the clergy, community leaders and other stakeholders.
The Nigerian Courts of Appeal are the intermediate appellate courts of the Nigerian federal court system. They decide appeals from the district courts within the federal judicial system, and in some instances from other designated federal courts and administrative agencies.
It will be recalled that the recent Awka Development Union Nigeria case, first initiated in the Awka High Court in 2015 and adjudicated in October 2016 but immediately appealed at the Enugu Appeal Court Division, would not be dispositioned in the Enugu appellate court until July 2019, by which time the Awka town union and sundry political crises had further deteriorated. An expeditious resolution of the appeal might probably have helped to reduce the political and social costs of the conflict.
- Chudi Okoye assisted with writing and research for this story
