NJC Orders Reversal of Imo Acting CJ Appointment, Suspends Judges Over Misconduct

 

The National Judicial Council (NJC) has directed the Governor of Imo State, Senator Hope Uzodinma, to immediately reverse the appointment of Hon. Justice Theophilus Nnamdi Nzeukwu as Acting Chief Judge of the state. The NJC described the appointment as unconstitutional and issued a seven-day ultimatum for compliance.

At its 108th meeting held on April 29–30, 2025, and presided over by the Chief Justice of Nigeria, Hon. Justice Kudirat Motonmori Kekere-Ekun, GCON, the Council resolved that the most senior judge of the Imo State High Court should be appointed as Acting Chief Judge in line with Section 271(4) of the 1999 Constitution (as amended).

“The constitutional provision on appointment of an acting Chief Judge of a state does not give room for discretion,” the NJC stated, quoting the Constitution:

“If the office of the Chief Judge of a State is vacant… the Governor shall appoint the most senior Judge of the High Court to perform those functions.”

The Council further issued a query to Justice Nzeukwu, demanding he show cause within seven days why disciplinary action should not be taken against him for presenting himself for what it called an “unconstitutional swearing-in.”

Similarly, the President of the Customary Court of Appeal, Imo State, Hon. Justice V. U. Okorie, who acted as Interim Chairman of the State Judicial Service Commission and recommended Justice Nzeukwu, has also been ordered to explain his actions within seven days.

In a sweeping disciplinary move, the NJC suspended three judicial officers for various acts of misconduct:

Hon. Justice Jane E. Inyang of the Court of Appeal, Uyo Division, was suspended for one year without pay for issuing inappropriate ex parte orders concerning the sale of business assets at the interlocutory stage. The misconduct occurred while presiding at the Federal High Court, Uyo, before her elevation.

Hon. Justice Inyang Ekwo of the Federal High Court, Abuja Division, was also suspended for one year without pay. He was placed on a five-year watchlist and barred from elevation for delivering a ruling in Charge No. FHC/ABJ/CR/184/2021 without hearing the parties and ignoring applications to set aside proceedings.

Hon. Justice Aminu Baffa Aliyu of the Federal High Court, Zamfara Division, was found guilty of granting an order restraining security agencies from carrying out their duties in Suit No. FHC/GS/CS/30/2021. He was suspended for one year without pay and placed on a three-year watchlist.

Additionally, Hon. Justice A. O. Awogboro of the Federal High Court, Lagos Division, received a letter of caution for issues arising in Suit No. FHC/CS/2021 between Chief Adesanya Musediku and the Assistant General of Police.

The NJC reviewed 43 petitions, dismissing 29 for lack of merit, and empanelled nine committees to investigate 11 cases of alleged misconduct.

Petitions against the following judges were deferred pending appeals or further legal outcomes:

Hon. Justice Othman A. Musa (FCT High Court)

Hon. Justice C. N. Mbonu Nwenyi (Anambra State High Court)

Hon. Justice I. E. Ekwo (Federal High Court)

Hon. Justice R. B. Haastrup (National Industrial Court)

Hon. Justice Abubakar Babashani, Hon. Justice Isaac Essien, and Hon. Justice A. O. Musa (various High Courts of FCT)

The Council dismissed a petition filed by Mahmud Aliyu challenging the 2022 appointment process for three judges in Zamfara State. It concluded the petitioner was an unsuccessful candidate who fabricated claims against a rival aspirant.

Another petition concerning the 2021 appointment of six Federal High Court judges by one Abdullahi Liman was also rejected as it violated the six-month window allowed by the Judicial Discipline Regulations.

Similarly, a petition filed by Monday Adjeh about the composition of the Oyo State Judicial Service Commission was declared moot.

In a significant policy shift, the NJC resolved to publish names of candidates being considered for appointment to Superior Courts of Record for public scrutiny and feedback.

“The primary objective of this initiative,” the Council explained, “is to solicit comments from the public where there is objection to the integrity, reputation and/or competence of the candidates.”

The Council believes this measure will promote transparency, accountability, and integrity in the judicial appointment process.

The NJC also approved the voluntary retirement of Hon. Justice Babatunde Ahmed Ademola Bakre and granted a name change request for Hon. Justice I. A. Osayande, now to be known as Hon. Justice I. A. Dika of the Edo State High Court.

In conclusion, the NJC reaffirmed its commitment to upholding the rule of law and restoring public confidence in the judiciary.

“The era of judicial rascality in Nigeria shall soon be overtaken by fairness, equity, prudence, accountability, and transparency,” the NJC stated. “We can’t wait to witness the long-awaited restoration of public confidence, serenity, and integrity in the Nigerian judiciary.”