The National Judicial Council has declared the appointment of Justice Theophilus Nzeukwu as acting Chief Judge of Imo State void, directing the Governor of Imo State, Senator Hope Uzodinma, to immediately reverse the decision and appoint the most senior judicial officer in the state in line with the provisions of the 1999 Constitution
The decision was part of the resolutions taken at the NJC’s 108th meeting held on April 29 and 30, 2025, under the chairmanship of the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun.
In a statement released by the Council’s Deputy Director of Information, Kemi Ogedengbe Babalola, the NJC “directed the Imo State Governor, Senator Hope Uzodinma to appoint the most senior judicial officer in the state High Court’s hierarchy as the acting Chief Judge of the state in conformity with Section 271 (4) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
Citing the constitutional provision, the NJC stated:“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.”
The Council further directed Justice Nzeukwu to show cause within seven days why disciplinary action should not be taken against him for presenting himself to be sworn in as acting Chief Judge of Imo State, contrary to constitutional stipulations.
It also took disciplinary measures against the President of the Customary Court of Appeal, Imo State, Justice V. U. Okorie, who presided over the Judicial Service Commission (meeting that recommended Justice Nzeukwu’s appointment.
Justice Okorie was similarly asked to also show cause within seven days “why disciplinary action should not be taken against him for his complicity in the recommendation.”
The petitioner, Mahmud Aliyu, was found to be “an interested party who had indicated interest but was not selected.”
The council concluded his allegations were “unsubstantiated and substantially based on falsehood” and barred him from future participation in judicial appointment processes.
Furthermore, the NJC dismissed a petition challenging the recruitment process for six Federal High Court judges in 2021, citing a violation of Section 11(1) of the Judicial Discipline Regulations, which requires complaints to be filed within six months of the alleged event.
Significantly, the NJC also resolved to make the appointment of judicial officers more transparent by inviting public input, stating:“Henceforth, the names of candidates being considered for appointment as judicial officers to superior courts of records will be published for information and comments by the public.”
The aim, it said, is “to solicit comments from the public where there is objection to the integrity, reputation and/or competence of the candidates by opening the process to public participation and scrutiny.”
The council also accepted the voluntary retirement of Justice Babatunde Bakre and approved a name change for Justice I. A. Osayande of the Edo State High Court, now to be known as Hon. Justice I. A. Dika.
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