NJC punishes Imo governor’s acting chief judge pick, restates stance on appointment

The National Judicial Council (NJC) has restated its stance, directing Imo State Governor Hope Uzodimma to reverse his appointment of an acting chief judge of the state and comply with its directive to swear in the state’s most senior judge instead.

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The council also punished the governor’s pick for the position, Theophilus Nzeukwu, who is the number four on the hierarchy of judges of the state.

Mr Nzeukwu was sent on compulsory retirement by the NJC for accepting to be sworn in for the role.

A statement by the NJC’s Deputy Director of Information, Kemi Babalola-Ogedengbe, on Thursday, said the council doubled down on its position on the appointment at its 109th meeting held in Abuja on Wednesday. The meeting was presided over by the Chief Justice of Nigeria (CJN) and chairperson of the NJC, Kudirat Kekere-Ekun.

The NJC previously rejected the governor’s pick, Mr Nzeukwu, as the acting chief judge of Imo State. The office of the chief judge became vacant after the council recommended the compulsory retirement of the former occupant, T. E. Chukwuemeka Chikeka, in November 2024 over age falsification saga.

In April, Governor Uzodimma passed over the first three most senior judges of the Imo State judiciary to appoint Mr Nzeukwu as the acting chief judge, thumbing his nose at established tradition of deference to seniority in judicial appointments.

Reacting at its meeting in April, the NJC roundly rejected the appointment for disregarding the seniority principle, which, it said, was based on constitutional provision.

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The council stressed that the constitutional provision on acting appointments of state chief judges does not leave room for discretion, quoting the relevant section as saying: “…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, which recommended Mr Nzeukwu’s appointment, was also asked to show cause within seven days why he should not face disciplinary actions.

The governor had justified picking Mr Nzeukwu, which he said was based on “credible reports available to him at the time.”

He said in a statement that reports submitted to him indicated Mr Nzeukwu was the “most senior judicial officer not encumbered by unresolved issues.” He, however, agreed to comply with the directives of the NJC.

NJC’s fresh decisions

At its latest meeting on Wednesday, the NJC “reiterated its earlier direction to the Imo State Governor, Senator Hope Uzodinma to swear in the most senior judge of the state as the acting Chief Judge,” the statement from the council stated on Thursday.

It made the second time the NJC has issued the directive to the governor to reverse the appointment of Mr Nzeukwu’s appointment and pick the most senior state High Court judge instead.

Mr Nzeukwu was not spared.

The council recommended him for compulsory retirement for making himself available to be sworn in as the acting chief judge “knowing fully well that he was number four in the hierarchy of Judges of the Imo State Judiciary and contrary to Section 271 (4)” of the Nigerian constitution.

Mr Uzeukwu joined nine other Imo State judges similarly recommended on Wednesday for compulsory retirement for a different reason of age falsification.

But the council absolved the President of the Customary Court of Appeal, Imo State, V. U. Okorie, who chaired the commission that nominated Mr Nzeukwu as the acting chief judge.

The NJC cleared Mr OKorie because he “dissented on record against the recommendation to appoint” Mr Nzeukwu.

Legal provisions

A PREMIUM TIMES earlier report on the controversy indicated that the unilateral appointment of an acting chief judge of a state by a state governor without the approval of the NJC raises a legal issue.

Section 271 of the Nigerian constitution provides that the appointment of a Chief Judge in a State High Court shall be made based on the recommendation of the NJC.

Any appointment made by the governor without the recommendation of the NJC is only valid for three months and the governor cannot reappoint the same person after the period.

So, the governor may not have violated any law if he is recommending Mr Nzeukwu for the role for the first time and has no plan to renominate him after the expiration of the first three months.