ABDULLAHI JCA (Delivering the Lead Judgment): This is an appeal against the ruling delivered on 15 March 2004 in the suit No. HOW/35/ 2004, coramAdigwe J, sitting at the Owerri Division of the Imo State High Court of Justice.
The appellants were the plaintiffs at the lower court whilst the respondents were the defendants. By a writ of summons dated 23 January 2004 the plaintiffs (herein the appellants) sought the following reliefs against the defendants (herein the respondents): “(a) Declaration that appointing the 1st defendant a Judge of the High Court of Imo State will infringe on the constitutionally guaranteed fundamental rights of the plaintiffs to practice their profession in Imo State of Nigeria. A Declaration that the 1st defendant is not a fit and proper person to be appointed as a Judge of the High Court of Imo State by the 2nd defendant.
Perpetual injunction restraining the 1st defendant from presenting herself to the 2nd defendant for appointment and or swearing in as a J…