NJC Voids Imo Acting CJ’s Appointment, Orders Reversal
The National Judicial Council at its 108th Meeting held on 29th and 30th April, 2025, 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).
The Council at its Meeting resolved that the constitutional provision on appointment of an acting Chief Judge of a State does not give room for discretion. Section 271(4) of the Constitution provides:
“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.”
According to a statement signed by Kemi Ogedengbe Babalola, Esq Deputy Director, Information, the Council also resolved that Hon. Justice Theophilus Nnamdi Nzeukwu should be issued a query to show cause within seven (7) days why disciplinary action should not be taken against him for presenting himself to be sworn in as the acting Chief Judge of Imo State.
Hon. Justice V. U. Okorie, the President of the Customary Court of Appeal, Imo State, who acted as Interim Chairman of Imo State Judicial Service Commission and recommended the appointment of Hon. Justice Nzeukwu is required to show cause within 7 days why disciplinary action should not be taken against him for his complicity in the recommendation.
