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…….NBA demands reversal
….As Imo judiciary crisis deepens
The National Judicial Council (NJC) has 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.
Governor Uzodimma swore in Justice Nzeukwu as the acting Chief Judge on Wednesday, 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 Friday in Abuja, 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.
“The attention of the Council has been drawn to reports that the Governor of Imo State, His Excellency, Senator Hope Uzodimma, CON, has purportedly appointed Hon. Justice Theophilus Nnamdi Nzeukwu — who is No. 4 in the seniority hierarchy of judges in the Imo State High Court — as the Acting Chief Judge of the state, following the recent disciplinary action taken against the former Chief Judge,” the statement read.
The NJC further explained that while the governor had outlined reasons why the three more senior judges were, in his view, not suitable for the role, the Council has not yet taken a position on the matter.
“The Council wishes to inform the public that the letter in question has not yet been considered, as deliberation on the request is scheduled for the next Council meeting, which will be held on 29th and 30th April 2025,” the statement added.
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 have 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.
In the light of the foregoing, 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 its statement, the NBA emphasized that while it has no interest in any particular individual holding the office of the Chief Judge, it is “deeply committed to the protection of due process, the rule of law, and the sanctity of the Constitution.”
The association has communicated its concerns to various stakeholders, including 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.
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.
“As a result of the dismissal of the former Chief Judge, Hon Justice Chikeka for age falsification, the Judicial Service Commission of Imo State took time to go through the records of judicial officers in Imo State. After the exercise, it was confirmed that Hon Justice Nzeukwu was most senior to occupy the position, by all available records,” Emelumba stated.
The government maintains that the Governor acted “in exercise of his powers, pursuant to section 271(4) of the constitution of the Federal Republic of Nigeria 1999, as amended” in appointing Justice Nzeukwu as Acting Chief Judge.
Justice Nzeukwu, who was sworn in alongside two new commissioners, Prof. Bernard Thompson Ikegwuoha and Dr. Vivian Egu, at the Sam Mbakwe Executive Chambers at the Douglas House, Owerri, hails from Egwedu-Atta Autonomous Community in the Njaba local government area of Imo State.
Prior to his appointment, Nzeukwu had served in various capacities, including Chief Magistrate, Deputy Chief Registrar, Chief Registrar, and High Court Judge in Imo State. He attended Central School No. II Atta for his primary education, Bishop Shanahan College, Orlu, and Federal Government College, Kano for his secondary education before studying law at the University of Lagos (UNILAG).
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.
