By Mfonobong Ekott

Updated 6th February, 2026

The Court of Appeal sitting in Owerri, Imo State, has cleared the way for the 2024 judicial appointment exercise in Abia State, dismissing an application seeking to halt the process and awarding costs of N3 million against the applicants.

In a unanimous decision, the court described the application as “bereft of merit.” The lead judgment was delivered by Justice Ntong Festus Ntong, JCA, and was concurred in by Justice Oyebisi Folayemi Omoleye, JCA, and Justice Mohammed Lawal Abubakar, JCA.

The applicants had approached the appellate court seeking leave to appeal out of time and an injunction to restrain the Abia State Judicial Service Commission from proceeding with the 2024 judicial appointments.

The application stemmed from an earlier suit commenced by originating summons at the National Industrial Court of Nigeria (NICN), in which the Attorney-General of Abia State challenged the propriety of a fresh call for expressions of interest for judicial appointments in the state.

The applicants, who were defendants at the trial court, claimed to have been shortlisted and interviewed during the 2022 judicial appointment exercise. They argued that conducting a fresh exercise in 2024 would render their pending appeals nugatory.

However, on July 26, 2024, the NICN, presided over by Justice Nelson Ogbuanya, delivered judgment affirming the position of the Attorney-General of Abia State.

Following that decision and having failed to appeal within the statutory time, the applicants returned to court, seeking extension of time to appeal, leave to appeal, and an order of injunction pending appeal to stop the 2024 appointment process.

In support of their application, the applicants contended that they had a protectable interest arising from the 2022 exercise and blamed their delay on the alleged failure of the Court of Appeal to fix their earlier application for hearing in good time.

The respondents—the Attorney-General of Abia State, the relevant judicial service authorities, and the National Judicial Council (NJC)—urged the court to dismiss the application. They argued that the applicants had no vested or enforceable right arising from the discontinued 2022 exercise, which was aborted due to irregularities and did not result in any appointment.

They further maintained that the 2024 judicial appointment exercise was a fresh, independent process, duly approved by the NJC and entirely separate from the earlier exercise.

In resolving the matter, the Court of Appeal restated the settled principle that applications for extension of time to appeal are not granted as of right. An applicant must establish both good and substantial reasons for the delay and disclose grounds of appeal that prima facie show good cause why the appeal should be heard.

Justice Ntong held that the applicants failed to satisfy both conditions.

On the merits, the court found that the applicants had not established any vested legal right arising from the 2022 judicial appointment exercise, which was terminated before any recommendation or appointment was made.

The court further held that the proposed grounds of appeal, including those couched as jurisdictional issues, were not arguable and were aimed at delaying and frustrating the ongoing judicial appointment process in Abia State.

Consequently, the Court of Appeal, being the final court for appeals arising from the National Industrial Court, dismissed the application in its entirety and awarded costs of N3 million against the applicants, to be paid at N1 million each to the 1st, 2nd, and 3rd respondents.

#MemoriesNews