National Judicial Council (NJC), at its 108th meeting in Abuja chaired by Chief Justice Kudirat Kekere-Ekun, declared the appointment of Justice Theophilus Nnamdi Nzeukwu as Acting Chief Judge of Imo State by Governor Hope Uzodimma null and void, directing its immediate reversal, as reported by Daily Post, TheCable, Punch, and SilverbirdTV. The NJC mandated Uzodimma to appoint the most senior judge in the Imo State High Court’s hierarchy as Acting Chief Judge, in line with Section 271(4) of the 1999 Constitution, which states, “If the office of the Chief Judge of a State is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then, until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions, the Governor shall appoint the most senior Judge of the High Court to perform those functions,” per TheCable and SilverbirdTV.
The NJC’s decision followed Uzodimma’s April 2, 2025, swearing-in of Justice Nzeukwu, the fourth most senior judge, as Acting Chief Judge, bypassing three senior judges after the compulsory retirement of former Chief Judge Justice Theresa Chukwuemeka Chikeka for age falsification in November 2024, per Punch and Naija News. Uzodimma had written to the NJC requesting approval for Nzeukwu’s appointment, citing reasons why the top three judges were unsuitable, but proceeded with the swearing-in before the NJC’s deliberation, scheduled for April 29–30, 2025, per THISDAYLIVE and Daily Post. The NJC, in a statement by Deputy Director of Information Kemi Ogedengbe Babalola, clarified it had not approved the appointment and was not party to the process, emphasizing that the governor’s action violated constitutional stipulations, per TheCable and Freedom Online.
The NJC issued a seven-day query to Justice Nzeukwu to show cause why disciplinary action should not be taken against him for accepting the unlawful appointment, per Daily Post and Channels Television. Similarly, Justice V.U. Okorie, President of the Imo State Customary Court of Appeal and Interim Chairman of the Imo State Judicial Service Commission, who recommended Nzeukwu’s appointment, was ordered to explain within seven days why he should not face disciplinary action for his complicity, per Punch and Naija News. The NJC’s resolutions underscored that the constitutional provision leaves no room for discretion in appointing an Acting Chief Judge, per Newsdiaryonline. X posts from @Naija_PR, @TheNationNews, and @nigeriantribune on May 1 amplified the NJC’s directive, reflecting public attention to the controversy, per Naija News.
The appointment had initially garnered support from the Imo State Lawyers Forum and four of five Nigerian Bar Association (NBA) branches in Imo, who praised Nzeukwu’s merit and qualifications, arguing that seniority was not mandatory, citing historical precedents like Justices G.G.I. Ojiakor and P.C. Onumajulu, per Blueprint and Vanguard. However, the NJC’s April 4 statement disassociating itself from the appointment sparked criticism from the NBA and legal community, who viewed Uzodimma’s unilateral action as undermining judicial protocol, per Punch. The reversal aims to restore constitutional order, with the NJC also suspending three other judges—Justices Jane E. Inyang, Inyang Ekwo, and Aminu Baffa Aliyu—for unrelated misconduct, signaling a broader crackdown on judicial infractions, per TheCable and Punch.
Leave a comment