A coalition of 25 lawyers, including senior advocates, has petitioned the Chief Justice of Nigeria (CJN), Kudirat Kekere-Ekun, calling on her and the National Judicial Council (NJC) to intervene in the situation in the Imo State judiciary following the introduction of a strange law stripping the Acting Chief Judge of the state the power to assign cases to judges.
The coalition warned that the development threatens judicial independence and could deepen the protracted leadership crisis that has unsettled the state’s judiciary for more than a year.
|
|
In the petition dated 13 November and received at the CJN’s office on Friday, the coalition questioned the authenticity of the High Court (Amendment) Law No. 16 of 2022, which reportedly transfers the power to assign cases to the Chief Registrar whenever there is no substantive Chief Judge.
The lawyers urged the CJN to take an action within 14 days of receiving the petition, failing which, they would be forced to resort to taking legal action in court.
|
|
|
|---|
According to the group, the existence of the amendment became known only after Ijeoma Agugua was sworn in as Acting Chief Judge on 26 September, despite the law purportedly being enacted three years earlier.
The petition signed on behalf of the coalition by two of its members, Jibrin Okutepa and Femi Falana, both Senior Advocates of Nigeria (SANs), said the amendment’s sudden emergence raises serious questions.
“Its sudden appearance—immediately following the swearing in of the Acting Chief Judge on 26 September 2025, invites scrutiny. No one, including past Chief Judges, members of the Nigerian Bar Association in Imo State, or the broader legal community, was aware of this provision until this recent juncture,” the petition stated.
The petition also indicated inconsistencies that suggest the law may have been backdated. Between 2 April and 30 April, T.N. Nzeukwu, then Acting Chief Judge, assigned cases without referencing the law. From 1 May to 25 September, the Chief Registrar ignored the amendment and did not assign any cases, contrary to its supposed mandate.
“This omission casts doubt on the law’s provenance and indicates it may have been contrived post facto to justify ongoing disruptions,” the petition added.
A judiciary in paralysis
The petition traced the imbroglio to when the move to fill the vacant position of the chief judge of the state began in the aftermath of the exit of former Chief Judge T. E. Chikeka who was compulsorily retired in November 2024 over misconduct.
In April, the National Judicial Council (NJC) rejected Governor Hope Uzodinma’s appointment of T.N. Nzeukwu as Acting Chief Judge, insisting the most senior judge must be appointed in line with the constitution.
In June, the NJC again asked Governor Uzodinma to reverse his appointment of Mr Nzeukwu and swear in the most senior judge, reaffirming its earlier position from its 109th meeting held in Abuja.
The NJC directed the governor to swear in Ms Agugua, and recommended Mr Nzeukwu’s compulsory retirement for accepting to be sworn in contrary to constitutional provisions.
The NJC cleared V.U. Okorie, President of the Customary Court of Appeal, who chaired the Judicial Service Commission that recommended Mr Nzeukwu, noting that he formally dissented.
Although Ms Agugua’s appointment was announced in July, the swearing-in only took place on 26 September.
The coalition said the prolonged delays have paralysed judicial activities in the state High Court. No case, it noted, has been assigned to a judge in the court since 30 April, when Mr Nzeukwu left office after the NJC’s decision.
ALSO READ: Lawyer seeks court’s intervention as Imo governor defies NJC over acting chief judge appointment
“If the amendment truly existed since 2022, the Chief Registrar should have been assigning cases between April and September. This omission further casts doubt on the provenance of the amendment,” the petition stated.
Group demands probe, threatens lawsuit
The coalition urged the CJN to investigate whether the amendment was genuinely enacted and properly gazetted in 2022.
It also asked the NJC to restore normal case-assignment procedures and stop any actions that could undermine the authority of the Acting Chief Judge.
It warned that it would approach the courts if no action is taken within 14 days.
Apart from Messrs Okutepa and Falana, who signed the petition, other SANs in the coalition are Adeyinka Olumide-Fusika, Ebun-Olu Adegboruwa, Funmi Falana and Kunle Edun.
The rest members of the coalition are law professor Chidi Odinkalu, Femi Aborisade, Malachi Ugwummadu, John Akpokpo-Martins, Bayo Akinlade, Chinedu Agu, Nelson Olanrewaju, Inibehe Effiong and Martins Obono.
PREMIUM TIMES has yet to receive an official response from the Imo State Government.
PREMIUM TIMES contacted the Imo State Commissioner for Information, Declan Emelumba, on Saturday and Sunday via phone and text, but he did not respond.
Discover more from Premium Times Nigeria
Subscribe to get the latest posts sent to your email.
