The National Judicial Council (NJC) has declared the appointment of Justice Theophilus Nzeukwu as the Acting Chief Judge of Imo State invalid. The council directed Imo State Governor, Senator Hope Uzodinma, to immediately reverse the appointment and instead name the most senior judicial officer in the state in accordance with Section 271(4) of the 1999 Constitution (as amended).
This resolution was reached 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.
According to a statement issued by the NJC’s Deputy Director of Information, Kemi Ogedengbe Babalola, the council reaffirmed that when the office of a state Chief Judge is vacant or its holder is unable to act, the Governor must appoint the most senior High Court judge to serve in acting capacity.
Justice Nzeukwu has been asked to explain within seven days why disciplinary action should not be taken against him for accepting to be sworn in, contrary to constitutional provisions.
Similarly, Justice V. U. Okorie, President of the Imo State Customary Court of Appeal, who chaired the Judicial Service Commission meeting that recommended Nzeukwu, has also been ordered to show cause within seven days over his involvement.
In broader disciplinary actions, the NJC suspended three judicial officers, including a sitting Justice of the Court of Appeal, for one year without pay.
Justice Jane Inyang of the Court of Appeal, Uyo Division, was penalized for misconduct committed while serving at the Federal High Court in Uyo. She was found to have improperly issued ex parte orders for the sale of Hon. Udeme Esset’s petrol station and other assets at the interlocutory stage of a case, violating Rule 3(5) of the Revised Code of Conduct for Judicial Officers. The misconduct occurred in Suit No. FHC/UY/CS/46/2023.
Justice Inyang Ekwo of the Federal High Court, Abuja Division, was also suspended for one year without pay and placed on a five-year watchlist. He was found to have ruled on a case without hearing the parties involved, thereby dismissing charges in violation of Rules 3.1 and 3.3 of the Code of Conduct.
Justice Aminu Baffa Aliyu of the Federal High Court, Zamfara Division, received the same penalty for issuing orders that restrained security agencies from performing their duties in Suit No. FHC/GS/CS/30/2021 (Government of Zamfara State vs EFCC) and for violating the principle of stare decisis. He was also placed on a three-year watchlist.
Additionally, Justice A. O. Awogboro of the Federal High Court, Lagos Division, received a caution letter in connection with a petition in Suit No. FHC/CS/2021 involving Chief Adesanya Musediku and the Assistant Inspector General of Police, Zone 2.
The NJC also set up nine committees to investigate 27 judicial officers over various allegations. It dismissed 29 petitions for lack of merit and deferred others pending appellate decisions.
The council stated: “Council equally considered the report of its Preliminary Complaints Assessment Committee, which contained a total number of 43 petitions. Nine Committees were empanelled for further investigation of eleven petitions, while 29 petitions were dismissed for lacking in merit.”
A petition challenging the 2022 judicial appointment process in Zamfara State was also dismissed. The petitioner, Mahmud Aliyu, was deemed an interested party whose claims were unsubstantiated and false. He has been barred from future judicial appointment processes.
The NJC also rejected a separate petition concerning the 2021 recruitment of six Federal High Court judges, citing the petitioner’s failure to meet the six-month filing deadline under Section 11(1) of the Judicial Discipline Regulations.
In a significant move toward transparency, the NJC announced it would begin publishing the names of candidates being considered for judicial appointments to superior courts. The goal is to invite public feedback regarding the candidates' integrity, reputation, and competence.
Finally, the council approved the voluntary retirement of Justice Babatunde Bakre and a name change for Justice I. A. Osayande of the Edo State High Court, who will now be known as Hon. Justice I. A. Dika.
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