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Abuja – The National Judicial Council (NJC) has voided the appointment of Justice Theophilus Nzeukwu as acting Chief Judge of Imo State. The NJC voids Imo CJ appointment and suspended three other judges. These significant decisions came from the NJC’s meeting on April 29 and 30, 2025. The Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, led the meeting.
The NJC gave a direct order to the Governor of Imo State, Senator Hope Uzodinma. He must reverse Justice Nzeukwu’s appointment immediately. The NJC told the governor to appoint the most senior judicial officer in the state’s High Court instead.
Why the NJC Voids Imo CJ Appointment
The Council explained its reason. It stated the governor must follow Section 271 (4) of the 1999 Constitution. This law is clear. It says: “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… the governor shall appoint the most senior Judge of the High Court to perform those functions.” The NJC stated this rule requires the most senior judge be appointed.
The NJC also took action against those involved in the invalid appointment. Justice Nzeukwu must explain why he accepted the acting Chief Judge position against constitutional rules. He has seven days to do this. Justice V. U. Okorie, who heads the Customary Court of Appeal in Imo State, must also explain his part in suggesting Justice Nzeukwu. He led the meeting that made the suggestion. He also has seven days to respond.
Three Judges Suspended for Misconduct
In a separate move focused on cleaning up the judiciary, the NJC suspended three judges for one year without pay. These judges faced actions for specific acts of misconduct:
- Justice Jane E. Inyang of the Court of Appeal. She was found to have misused her power while serving as a Federal High Court judge. She issued orders too early in a case that led to selling a petrol station and other businesses. This broke Rule 3(5) of the Code of Conduct for Judicial Officers.
- Justice Inyang Ekwo of the Federal High Court. He was suspended for giving a decision without hearing from all parties involved. He also ignored a request to cancel court steps taken when parties were not present. The NJC stated this went against Rules 3.1 and 3.3 of the Code of Conduct. The NJC also placed him on a watch-list for five years and barred him from promotion during this time.
- Justice Aminu Baffa Aliyu of the Federal High Court. He was found guilty of issuing orders that stopped security agencies from doing their required work. He also did not follow past court decisions (stare decisis). He is on a watch-list for three years and cannot be promoted during this time.
The NJC also sent a warning letter to Justice A. O. Awogboro of the Federal High Court. This followed a complaint about a specific case.
NJC Addresses Other Issues, Plans for Future
The NJC looked at many other complaints – 43 in total. They set up nine groups to investigate eleven complaints further. 29 complaints were dismissed for not having enough facts. Some complaints are on hold waiting for higher courts to decide.
The council also rejected a complaint about picking judges in Zamfara State in 2022. The person who complained wanted the job but was not chosen. The NJC found his claims were false and stopped him from applying for judicial jobs in the future.
A complaint about picking six Federal High Court judges in 2021 was also dismissed. The NJC noted the complaint came too late, violating a rule requiring complaints within six months.
Significantly, the NJC announced a change to make picking judges more open. In the future, names of people being considered for judgeships in higher courts will be published for public information. The aim is to get comments if anyone knows something about a candidate’s honesty or ability. This allows public input in the selection process.
The council accepted the voluntary retirement of Justice Babatunde Bakre. It also approved a name change for Justice I. A. Osayande of the Edo State High Court to Justice I. A. Dika.
By Abdullah Korede
