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By Tony Folarin Obajemu
The National Judicial Council has declared the appointment of Justice Theophilus Nzeukwu as acting Chief Judge of Imo State a nullity, asking the Governor of Imo State, Senator Hope Uzodinma, to immediately upend the decision and appoint the most senior judicial officer in the state in line with the provisions of the 1999 Constitution.
The decision was part of the resolutions taken at the NJC’s 108th meeting held on April 29 and 30, 2025, under the chairmanship of the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun.
In a statement released by the Council’s Deputy Director of Information, Kemi Ogedengbe Babalola, the NJC “directed the Imo State Governor, Senator Hope Uzodinma to appoint the most senior judicial officer in the state High Court’s hierarchy as the acting Chief Judge of the state in conformity with Section 271 (4) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
Referencing the constitutional provision, the NJC noted :“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, then, until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions, the governor shall appoint the most senior Judge of the High Court to perform those functions.”
The Council further directed Justice Nzeukwu to show cause within seven days why disciplinary action should not be taken against him for presenting himself to be sworn in as acting Chief Judge of Imo State, contrary to constitutional stipulations.
It also took disciplinary measures against the President of the Customary Court of Appeal, Imo State, Justice V. U. Okorie, who presided over the Judicial Service Commission (meeting that recommended Justice Nzeukwu’s appointment.
Justice Okorie was similarly asked to also show cause within seven days “why disciplinary action should not be taken against him for his complicity in the recommendation.”
In a broader move targeting judicial misconduct, the NJC suspended three judicial officers, including a sitting Justice of the Court of Appeal, for one year without pay.
Among those sanctioned is Justice Jane Inyang of the Court of Appeal, Uyo Division, who was found to have abused her office while serving as a judge of the Federal High Court, Uyo Judicial Division.
The NJC said,“Hon. Justice Jane E. Inyang was found to have abused his office by issuing inappropriate ex parte orders for the sale of Hon. Udeme Esset’s petrol station and other businesses at interlocutory stage of the case.”
