The National Judicial Council (NJC) has distanced itself from the purported appointment by Governor Hope Uzodinma of Justice Theophilus Nnamdi Nzeukwu as the acting Chief Judge of Imo State.
The NJC, in a statement by its Deputy Director (Information), Mrs. Kemi Ogendengbe said it was yet to consider a request by Uzodinma to appoint Justice Nzeukwu, who is currently number four in the hierarchy of judges’ seniority in Imo State High Court.
The statement reads: “The attention of the council has been drawn to the news making rounds that the Governor of Imo State, His Excellency, Senator Hope Uzodimma, CON, had purportedly appointed Hon. Justice Theophilus Nnamdi Nzeukwu, who is number four in the hierarchy of judges seniority in Imo State High Court, as the acting Chief Judge of the state, in view of the recent disciplinary action taken against the erstwhile Chief Judge of the state.
“The National Judicial Council, by this press release, wants to clarify to the public that the Governor of Imo State had earlier written to the council requesting for its approval to appoint Hon. Justice Theophilus Nnamdi Nzeukwu, who is number four in the hierarchy of seniority as acting Chief Judge of the state.
“The governor in his said correspondence to the council, gave reasons why in his own view, the three most senior judges are not appointable.
“The council is informing the public that the said letter is yet to be considered, as deliberation on the request is slated for the next council meeting, which is scheduled to hold on 29th and 30th April, 2025.
“The council is therefore, by this press release, informing the public that the governor’s request is yet to be considered by the council.
“The council has not given approval to the governor for the appointment of the acting Chief Judge.
“The council is not a party to the process of the purported appointment of Hon. Justice Theophilus Nnamdi Nzeukwu as the acting Chief Judge.”
The NJC had, at its 107th meeting held between November 13 and 14, 2024 recommended the compulsory retirement of the then Chief Judge of Imo State, Justice T. E. Chukwuemeka Chikeka over alleged age falsification.
It said Justice Chikeka was recommended to the Imo State Governor for compulsory retirement with effect from October 27, 2021, with all salaries and allowances the judge received in excess from the said date refunded to the council.
The NJC added: “The recommendation was pursuant to the findings of the Council that His Lordship has two different dates of birth: 27 October 1956 and 27 October 1958.
“However, 27 October 1956 appeared to be the consistent date of birth, but in 2006, the Chief Judge swore to an affidavit changing the date of birth to 27 October 1958.”
Meanwhile, the Nigerian Bar Association (NBA) Owerri Branch has expressed serious concerns over the appointment.
Speaking after swearing in the new Acting Chief Judge, Governor Uzodimma recalled the disgraceful manner the former Chief Judge was removed from office by the NJC, and the events that followed thereafter, and warned against a repeat of what he described as “dishonourable incident where a Chief Judge is suddenly removed from office for such an ugly indictment of age falsification.”
Reacting to the appointment, the NBA urged Governor Uzodimma to adhere to due process in the appointment of a new Chief Judge, emphasising the importance of following established protocols to ensure transparency and legitimacy.
According to the NBA, Nzeukwu’s appointment violates the provisions of the 1999 Constitution, which stipulates that the most senior judge of the High Court should be appointed as Acting Chief Judge in the event of a vacancy.
“We insist that due process must be followed in the appointment of the Acting Chief Judge,” Chairman of the NBA Owerri Branch, Chief Chris U. Ihentuge and the Secretary, Daniel O. Odiba, said in a statement yesterday.
According to the statement: “If the most senior judge or judges were bypassed, the rationale for this deviation must be immediately justified.”
Failure to do so, they warned, will further erode public confidence in the judiciary.
The NBA demands that Governor Uzodimma takes immediate action to address this situation and reverse the appointment, which they deem inconsistent with the Constitution.
The statement reads in part: “The Nigerian Bar Association, Owerri Branch demands that the Governor should, immediately, take steps to address this situation and reverse this action which is inconsistent with the Constitution. Failure to do so will further erode public confidence in the judiciary at a time when trust in our institutions is already fragile. The Bar shall also take all steps necessary in the circumstance.
“The Nigerian Bar Association, Owerri Branch, reiterates that it has no interest in any particular individual holding the office of the Chief Judge, but it is deeply committed to the protection of due process, the rule of law, and the sanctity of the Constitution.
“The NBA Owerri Branch has communicated its concerns to the Imo State Attorney General and Commissioner for Justice, the Body of Senior Advocates of Nigeria (BOSAN), Imo State Chapter, the Judicial Service Commission (JSC) of Imo State, the President of the Nigerian Bar Association, and the National Judicial Council (NJC).”
