The Imo State Government has officially announced its commitment to adhering to the recommendations of the National Judicial Council (NJC) regarding the appointment of an acting Chief Judge for the state. This follows the NJC’s directive to Governor Hope Uzodimma to reverse the appointment of Justice Theophilus Nzeukwu as acting Chief Judge, declaring the appointment unconstitutional.
Background of the Controversy
At its 108th meeting held on April 29 and 30, 2025, the NJC, led by Chief Justice of Nigeria Kudirat Kekere-Ekun, resolved that the appointment of an acting Chief Judge must strictly follow Section 271(4) of the 1999 Constitution (as amended). The provision mandates that when the office of a state Chief Judge is vacant or the incumbent is unable to perform duties, the governor shall appoint the most senior judge of the state High Court to act in that capacity.
Justice Theophilus Nzeukwu’s appointment was found to be in violation of this constitutional provision. The NJC ordered Governor Uzodimma to immediately reverse the appointment and instead appoint the most senior judicial officer in the state High Court’s hierarchy. Additionally, Justice Nzeukwu and other judicial officers involved in the process were asked to show cause within seven days why disciplinary actions should not be taken against them.
Imo State Government’s Response
In a statement released on May 2, 2025, by the Commissioner for Information, Public Orientation, and Strategy, Hon. Declan Emelumba, the Imo State Government acknowledged the NJC’s directive and expressed respect for the Council’s constitutional role and wisdom in judicial appointments.
The statement clarified that Governor Uzodimma’s initial appointment of Justice Nzeukwu was made in good faith based on credible reports indicating that Nzeukwu was the most senior judicial officer without unresolved issues at the time. These circumstances were communicated to the NJC prior to the appointment.
However, the government affirmed its acceptance of the NJC’s latest position and pledged to comply fully with the Council’s recommendation. Steps are reportedly underway to implement the NJC’s decision and appoint the constitutionally mandated most senior judge as acting Chief Judge.
Broader NJC Actions
The NJC’s 108th meeting also resulted in the suspension of three judicial officers, including a Court of Appeal Justice, for one year without pay due to various acts of judicial misconduct. The Council empaneled nine committees to investigate allegations against 27 judicial officers and emphasized that future judicial appointments would be subject to public scrutiny to enhance transparency and accountability.
Constitutional Mandate and Judicial Independence
The NJC’s firm stance underscores the constitutional requirement that the appointment of acting Chief Judges is not discretionary but a clear legal obligation. This action reinforces the rule of law and judicial independence by ensuring that appointments are based on seniority and merit rather than other considerations.
The Imo State Government’s commitment to implementing the NJC’s directive signals a positive step toward upholding constitutional provisions and strengthening the judiciary’s integrity in the state. By aligning with the NJC’s recommendations, the government demonstrates respect for due process and the rule of law, which are essential for maintaining public confidence in the justice system.
