The National Judicial Council, NJC, has queried the acting Chief Judge of Imo State, Justice Theophilus Nnamdi Nzeukwu for accepting his unlawful appointment as acting Chief Judge by the State governor, Hope Uzodinma
Justice Nzeukwu was given seven days to show cause why judicial punitive action should not be taken against him for presenting himself to be sworn in as the acting Chief Judge against the provisions of the law.
At its 108th meeting presided by the Chief Justice of Nigeria, CJN, Justice Kudirat Kekere-Ekun, the NJC frowned at flagrant disobedience to laid down procedure in the appointments in judiciary arm of government by members of the executive arm.
In the same vein, the President of the Customary Court of Appeal, Imo State, Justice V. U. Okorie who acted as Interim Chairman of Imo State Judicial Service Commission and recommended the appointment of Justice Nzeukwu was also ordered to show cause within 7 days why disciplinary action should not be taken against him for his complicity in the recommendation.
Meantime, the NJC has directed the Imo State Governor, Senator Hope Uzodinma to reverse himself on the appointment of Justice Nzeukwu, as the acting Chief judge of the state.
The Council gave the directive after it sat on the request by the governor for approval to skip three senior judges in favour of Justice Nzeukwu’s appointment.
The Council directed the governor to immediately 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).
Section 271(4) of the Constitution provides: “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.”
In a statement signed by Kemi Ogedengbe Babalola, Deputy Director, Information at the NJC, the Council said the constitutional provision on appointment of an acting Chief Judge of a State does not give room for discretion.
The governor had written the NJC a letter requesting for approval to appoint Justice Nzeukwu, the fourth most senior judges in the state, as acting Chief judge of the state in contravention of the constitutional provision.
The governor did not wait for the NJC to deliberate on the issue before appointing and swearing in Justice Nzeukwu.