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The newly sworn-in acting Chief Judge of Imo State, Justice Theophilus Nzeukwu, may be suspended by the National Judicial Council (NJC), if the mounting tension
between the Imo state government and the judicial regulatory body over the controversial appointment of Nzeukwu as acting Chief Judge for the state, is not de-escalated.
The NJC, responsible for recommending judicial appointments, has come in conflict with the Imo State government for selecting and swearing-in a Chief Judge without the recommendation of the NJC.
Legal experts warn that Justice Nzeukwu’s appointment, made without NJC endorsement, violates constitutional provisions and could trigger disciplinary actions against him.
Abuja-based lawyer Barr. Anderson Obioha emphasized the NJC’s mandate to sanction judges who accept roles without its approval. “Any judge who knowingly presents himself to be sworn in as an acting Chief Judge may be sanctioned by the NJC. This precedent was set in Abia State, where a judge was suspended, and similar cases have occurred in other places,” he stated.
Obioha further warned that sidelining senior judges for junior colleagues could breed workplace discord; demoralizing senior jurists and undermining judicial efficiency.
Another lawyer, who craved anonymity, cautioned that the standoff could paralyze Imo’s judiciary, citing the 2013 – 2014 crisis in Rivers State as a reference.
“Under former Governor Rotimi Amaechi”, he said, “Rivers defied the NJC by appointing Justice Peter Agumagu as Chief Judge instead of the NJC-recommended Justice Daisy Okocha.
The NJC suspended Agumagu, leading to a year-long shutdown of courts, case backlogs, and strikes by judiciary workers.
The NJC eventually appointed Okocha as an “Administrative Judge” to revive operations, but the damage lingered.
In Imo, there are sneaking concerns that a similar stalemate could arise if the state government and NJC fail to come to a comfortable compromise.
Lawyers stress that the council’s constitutional role in judicial appointments is non-negotiable, and those who defy it risk not only individual sanctions but systemic collapse.
Background
Recall that the National Judicial Council (NJC) had distanced itself from the recent appointment of Justice Theophilus Nzeukwu as the acting Chief Judge of Imo State, describing the appointment as unauthorized. This comes as the Nigerian Bar Association (NBA) has called on Governor Hope Uzodimma to immediately reverse the controversial appointment.
Two weeks ago, Governor Uzodimma swore in Justice Nzeukwu as the acting Chief Judge, five months after the state had been without a Chief Judge. The vacancy arose following the NJC’s recommendation for the immediate retirement of the former Chief Judge, Justice Chukwuemeka Chikeka, over allegations of age falsification.
However, in a statement signed by its Deputy Director of Information, Kemi Ogedengbe, on 4th April, the NJC clarified that although it received a letter from Governor Uzodimma requesting approval for Justice Nzeukwu’s appointment, the Council has yet to consider the request.
It should be noted that the National Judicial Council is one of the Federal Executive Bodies created by virtue of Section 153 of the 1999 Constitution of the Federal Republic of Nigeria. In order to insulate the Judiciary from the whims and caprices of the Executive; hence it works to guarantee the independence of this Arm of Government.
Accordingly, by the provision of Paragraph 21 of Part One of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria, as amended; the National Judicial Council has the power to among other things, recommend to the Governors from among the list of persons submitted to it by the State Judicial Service Commission persons for appointment to the Offices of the Chief Judges of the States and Judges of the High Courts of the States, the Grand Kadis and Kadis of the Sharia Courts of Appeal of the States; and President and Judges of the Customary Court of Appeal of the states, as the case may be.
The Nigerian Bar Association, Owerri Branch, also reacted strongly to the appointment, demanding that Governor Uzodimma “immediately take steps to address this situation and reverse this action which is inconsistent with the Constitution.”
The NBA warned that failure to do so would “further erode public confidence in the judiciary at a time when trust in our institutions is already fragile.”
In defense of the appointment, the Imo State government, through its Commissioner for Information, Public Orientation and Strategy, Hon. Declan Emelumba, described Justice Nzeukwu as “the most senior judge in the state and therefore qualified to hold the position.” According to Emelumba, the appointment followed a thorough personnel audit of the judiciary by the state Judicial Service Commission, which allegedly discovered that Justice Nzeukwu was the most senior by records.
The controversy comes at a critical time for Imo’s judiciary, as lawyers had been calling for the appointment of a Chief Judge to give direction, assign cases, and run the administration of the justice system in the state. The NJC had previously, at its 107th meeting held on November 13 and 14, 2024, recommended the compulsory retirement of the former Chief Judge, Justice T. E. Chukwuemeka Chikeka, along with the Grand Kadi of Yobe State, Kadi Babagana, for falsification of age.
