The National Judicial Council (NJC) has fired back at the Imo State governor, Hope Uzodinma, over the controversial appointment of Justice Theophilus Nnamdi Nzeukwu as acting Chief Judge of the state.
The NJC, after its 108th meeting chaired by the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, issued a query to Justice Nzeukwu for accepting the role, which the Council described as unlawful.
The query demands that he explain, within seven days, why he should not face disciplinary measures for assuming the position without proper legal backing.
Also under scrutiny is Justice V.U. Okorie, President of the Customary Court of Appeal in Imo, who recommended Nzeukwu’s appointment while acting as Interim Chairman of the Imo Judicial Service Commission.
He too has seven days to defend his actions or face possible sanctions.
The NJC expressed strong concern over what it described as a growing trend of executives disregarding established legal procedures for judicial appointments. The Council insisted that the governor’s decision to bypass three more senior judges and install Nzeukwu violated clear constitutional guidelines.
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Specifically, the NJC cited Section 271(4) of the 1999 Constitution (as amended), which mandates that if a Chief Judge’s office becomes vacant or inactive, the governor must appoint the most senior High Court judge to act in that role.
Despite being aware of this constitutional demand, the governor went ahead to nominate and swear in Nzeukwu the fourth most senior judge even before the NJC could respond to his request for a waiver.
In a directive signed by Kemi Ogedengbe Babalola, Deputy Director of Information at the NJC, the Council rejected the governor’s request and ordered him to reverse the appointment immediately. He was further directed to appoint the most senior judicial officer in the Imo State High Court, in line with constitutional provisions.
The NJC stressed that the law does not allow any discretion in the appointment of an acting Chief Judge, and any attempt to bend the rules would not be tolerated.