Judicial Showdown: NJC Overrules Imo Governor on Chief Judge Appointment, Orders Inauguration of Senior Judge

The National Judicial Council (NJC) has again overruled the Imo State Governor, Hope Uzodinma, on appointing the Chief Judge for the State’s Judiciary, directing him to immediately inaugurate the most senior Judge in the state into the office. The Council insisted that the Governor must act in line with the Constitution of the Federal Republic of Nigeria to resolve the judicial logjam he created on the appointment rather than using his own whims and caprices, which are contrary to the laws of the country.

NJC in its latest action, sanctioned Justice T. N. Nzeukwu for making himself available to Uzodinma to be unlawfully inaugurated as Imo Chief Judge despite knowing he was fourth and not first in the hierarchy of Judges of the Imo State Judiciary. The unlawful conduct of Justice Nzeukwu was said to be contrary to Section 271 (4) of the Constitution of the Federal Republic of Nigeria, as amended, and is therefore to be compulsorily retired from service as punishment.

The President of the Customary Court of Appeal, Imo State, Justice V. U. Okorie, who chaired the Commission that nominated Justice Nzeukwu as acting Chief Judge, was, however, absolved, having dissented on record against the recommendation to appoint Nzeukwu as acting Chief Judge. NJC and Uzodinma have been on a warpath in the last year over which side has the Constitutional right to nominate and appoint a Chief Judge for Imo state. While Uzodinma assumed the right in utter breach of the Constitutional provisions, NJC insists that the Constitution has donated power to make recommendations to the Governor for the appointment to be lawful.

Meanwhile, 10 Judges on the bench of the State’s High Court of Justice have been recommended for compulsory retirement from duties for falsification of their own ages to confer undue advantages on themselves. While nine of the Judges were found to have altered their dates of birth in their official records to confer on themselves the undue advantage of staying longer in service, the other Judicial Officer, Justice T. N. Nzeukwu ran foul of the law for presenting himself to be unlawfully inaugurated as Chief Judge. The nine Judges found to have falsified their records comprised five High Court Judges and four Judges of the Customary Court of Appeal, Imo State. The five High Court Judges are Justices M. E.

Nwagboso, B. C. Iheka, K. A. Leaweanya, Okereke Chinyere Ngozi, and Innocent Chidi Ibeawuchi, while the four from the Customary Court of Appeal are Tennyson Nze, Ofoha Uchenna, Everyman Eleanya, and Rosemond Ibe. NJC, however, dismissed, for want of merit, similar allegations against three Judges of the State High Court whose dates of birth were found to bear no discrepancy. The three Judges whose dates of birth were found to bear no discrepancy are Justices I. O. Agugua, C. A. Ononeze-Madu, and L. C. Azuama. Six other High Court Judges of the State, whose dates of birth either had discrepancies but with acceptable explanations or with discrepancies arising from genuine correction of their

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