NJC Nullifies Imo Acting CJ Appointment, Suspends Three Judges Over Misconduct

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The National Judicial Council (NJC) has voided the appointment of Justice Theophilus Nzeukwu as the acting Chief Judge of Imo State, directing Governor Hope Uzodinma to immediately reverse the decision and appoint the most senior judge in accordance with constitutional provisions.

This resolution was part of key decisions taken during the NJC’s 108th meeting held on April 29 and 30, 2025, under the leadership of the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun.

In a statement issued by the Council’s Deputy Director of Information, Kemi Ogedengbe Babalola, the NJC emphasised that the appointment contravened Section 271(4) of the 1999 Constitution (as amended), which mandates that the most senior judicial officer should be appointed in an acting capacity when the office of the Chief Judge is vacant.

The NJC also 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, contrary to constitutional guidelines.

Additionally, disciplinary proceedings were initiated against the President of the Customary Court of Appeal, Imo State, Justice V. U. Okorie, who chaired the Judicial Service Commission meeting that recommended Nzeukwu’s appointment. He has also been asked to explain his role in the matter within seven days.

Beyond Imo State, the NJC announced the suspension of three judges—including a sitting Justice of the Court of Appeal—for misconduct. Justice Jane E. Inyang of the Court of Appeal, Uyo Division, was suspended for one year without pay for abuse of office during her time at the Federal High Court, Uyo, where she issued ex parte orders to sell private businesses at the interlocutory stage.

Justice Inyang Ekwo of the Federal High Court, Abuja, was similarly suspended for one year without pay and placed on a five-year elevation watch-list for delivering a ruling without hearing parties, violating judicial conduct rules.

Justice Aminu Baffa Aliyu of the Federal High Court, Zamfara Division, faced the same suspension for issuing orders that restrained security agencies from carrying out statutory duties and for defying legal precedents.

The NJC also issued a caution to Justice A. O. Awogboro of the Lagos Division and empanelled nine committees to investigate 27 judges over alleged misconduct, while dismissing 29 petitions deemed lacking in merit.

The Council rejected a petition challenging the 2022 judicial appointment process in Zamfara, describing the petitioner’s claims as unsubstantiated and misleading, and barred him from future appointment processes.

It also resolved to increase transparency in judicial appointments by inviting public input on candidates being considered for elevation to superior courts.

In other decisions, the NJC accepted the voluntary retirement of Justice Babatunde Bakre and approved a name change for Justice I. A. Osayande, now to be known as Justice I. A. Dika of the Edo State High Court.

The Council’s actions reflect a renewed commitment to upholding judicial integrity and ensuring that constitutional processes are strictly adhered to.

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