The National Judicial Council (NJC) has declared the appointment of Justice Theophilus Nzeukwu as Acting Chief Judge of Imo State unconstitutional, ordering Governor Hope Uzodinma to immediately reverse the decision and adhere strictly to the provisions of the 1999 Constitution by appointing the most senior judge in the state’s judiciary.
This directive formed part of the far-reaching resolutions adopted at the NJC’s 108th plenary held on April 29 and 30, 2025, under the chairmanship of the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun.
In a statement issued by the NJC’s Deputy Director of Information, Kemi Ogedengbe Babalola, the Council unequivocally cited Section 271(4) of the Constitution of the Federal Republic of Nigeria (as amended), which mandates the appointment of the most senior judge of the High Court as acting Chief Judge in the event of a vacancy or inability of the substantive Chief Judge to perform duties.
Quoting the relevant constitutional clause, the Council emphasized: “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.”
Justice Nzeukwu was also directed to explain within seven days why disciplinary action should not be taken against him for submitting himself to be sworn in, in violation of constitutional provisions.
Similarly, Justice V. U. Okorie, President of the Customary Court of Appeal in Imo State, who chaired the Judicial Service Commission meeting that recommended Nzeukwu, has been asked to show cause within the same period over his role in the irregular appointment.
Beyond Imo State, the NJC took sweeping disciplinary actions targeting misconduct across the judiciary.
Three judges were suspended for one year without pay, including a sitting Justice of the Court of Appeal.
Among those sanctioned is Justice Jane E. Inyang of the Court of Appeal, Uyo Division. She was found guilty of judicial misconduct stemming from her time at the Federal High Court, Uyo, where she issued improper ex parte orders authorising the sale of properties—including a petrol station—belonging to Hon. Udeme Esset, at an interlocutory stage of litigation.
Her conduct, the Council noted, violated Rule 3(5) of the Revised Code of Conduct for Judicial Officers. The actions were linked to Suit No. FHC/UY/CS/46/2023, preceding her elevation.
Justice Inyang Ekwo of the Federal High Court, Abuja, was also suspended for one year and placed on a five-year watchlist.
According to the NJC, he delivered a ruling in a criminal matter without hearing from the parties involved and dismissed charges against the defendants, breaching Rules 3.1 and 3.3 of the 2016 Code of Conduct for Judicial Officers.
Also sanctioned was Justice Aminu Baffa Aliyu of the Federal High Court, Zamfara Division.
He was suspended for a year and placed on a three-year watchlist for improperly issuing restraining orders against security agencies in Suit No. FHC/GS/CS/30/2021 (Government of Zamfara State vs EFCC), in defiance of binding judicial precedents.
In addition, Justice A. O. Awogboro of the Federal High Court, Lagos Division, received a cautionary letter following a petition linked to Suit No. FHC/CS/2021 between Chief Adesanya Musediku and the Assistant Inspector General of Police, Zone 2.
The Council also initiated deeper scrutiny into judicial behavior by empaneling nine committees to investigate 27 judicial officers over various allegations of misconduct. Meanwhile, 29 petitions were dismissed due to lack of merit, and others were put on hold pending appellate court outcomes.
A petition by Mahmud Aliyu challenging the 2022 judicial appointment exercise in Zamfara State was also thrown out.
The NJC concluded that Aliyu’s claims were unsubstantiated, describing him as a “disgruntled aspirant” who was not selected during the process. Consequently, he has been barred from future applications for judicial office.
Likewise, a petition opposing the 2021 recruitment of six Federal High Court judges was dismissed for breaching Section 11(1) of the Judicial Discipline Regulations, which stipulates a six-month window for lodging complaints.
In a landmark move towards greater accountability and public involvement, the NJC resolved to open up the judicial appointment process by publishing the names of shortlisted candidates for superior court positions. This, the Council said, will enable public scrutiny and allow objections based on integrity, competence, or reputation to be raised before final appointments are made.
The Council also accepted the voluntary retirement of Justice Babatunde Bakre and approved a formal name change for Justice I. A. Osayande of the Edo State High Court, who will now be officially recognized as Hon. Justice I. A. Dika.
