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The National Judicial Council (NJC) has directed the Governor of Imo State, Hope Uzodimma, to reverse the appointment of Theophilus Nzeukwu as the Acting Chief Judge of the state, citing a violation of the Nigerian Constitution.
The NJC, chaired by the Chief Justice of Nigeria (CJN), Kudirat Kekere-Ekun, issued the directive at its 108th meeting, which began on Tuesday and ended on Wednesday in Abuja.
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The directive was one of the resolutions reached at the meeting, including suspension of three judges for acts of misconduct.
A statement shared on Wednesday by NJC’s Deputy Director of Information, Kemi Ogedengbe, said the council directed the Governor Uzodinma to appoint the most senior judge in the Imo State High Court hierarchy as Acting Chief Judge, in strict adherence to Section 271(4) of the Nigerian Constitution.
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The governor had appointed Mr Nzeukwu in April, to replace former Chief Judge T. E. Chukwuemeka Chikeka who was sent on compulsory retirement last November for age falsification.
Mr Nzeukwu is the fourth on the hierarchy of the state’s High Court judges.
Reacting last month, NJC confirmed receiving a notice from the governor, but disowned the appointment and deferred its full deliberation and final decision till its just held meeting.
‘Governor Uzodimma must appoint the most senior’
The NJC stressed that the constitutional provision on acting appointments of state chief judges does not leave room for discretion, quoting the relevant section: “…the governor shall appoint the most senior judge of the High Court to perform those functions.”
In addition to the directive to Governor Uzodimma, the NJC issued a query to Mr Nzeukwu, asking him to explain within seven days why disciplinary action should not be taken against him for presenting himself to be sworn in contrary to constitutional provisions.
Similarly, V. U. Okorie, President of the Customary Court of Appeal, Imo State, who served as Interim Chairman of the State Judicial Service Commission and recommended Mr Nzeukwu’s appointment, was also asked to show cause within seven days why he should not face disciplinary measures.
Judges sent on suspension for misconduct
The NJC also announced disciplinary actions against three judges for judicial misconduct.
They are Jane Inyang of the Court of Appeal, Uyo Division; Inyang Ekwo of the Federal High Court, Abuja; and Aminu Aliyu of the Federal High Court, Zamfara Division.
The judges were each suspended for one year without pay.
Ms Inyang was found to have abused her office by issuing inappropriate ex parte orders that led to the sale of businesses at the interlocutory stage in Suit No. FHC/UY/CS/46/2023, while she was still serving at the Federal High Court.
Mr Ekwo was sanctioned for delivering a ruling in Charge No. FHC/ABJ/CR/184/2021 without hearing the parties, and for ignoring an application to set aside proceedings conducted in their absence.
He has also been placed on the council’s watch list and barred from elevation for five years.
Mr Aliyu, on his part, was found guilty of judicial misconduct and received a one-year suspension without pay.
