The National Judicial Council (NJC) has declared the appointment of Justice Theophilus Nzeukwu as acting Chief Judge of Imo State void, directing the Governor of Imo State, Senator Hope Uzodinma, to immediately reverse the decision and appoint the most senior judicial officer in the state in line with the provisions of the 1999 Constitution.
The decision was part of the resolutions reached at the NJC’s 108th meeting held on April 29 and 30, 2025, under the presidency of the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun.
According to a statement made by the Council’s Deputy Director of Information, Kemi Ogedengbe Babalola, “directed the Imo State Governor, Senator Hope Uzodinma, to appoint the most senior judicial officer in the state High Court’s hierarchy as the acting Chief Judge of the state in conformity with Section 271 (4) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
Citing the constitutional provision, the NJC stated, “If the office of the Chief Judge of a state is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then, until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions, the governor shall appoint the most senior Judge of the High Court to perform those functions.”
The Council also asked Justice Nzeukwu to show cause within seven days why disciplinary action should not be taken against him for presenting himself to be sworn in as acting Chief Judge of Imo State, which violates constitutional provisions.
It also took disciplinary action against Justice V. U. Okorie, the President of the Customary Court of Appeal in Imo State, who presided over the Judicial Service Commission meeting that recommended Justice Nzeukwu’s nomination.
Similarly, Justice Okorie was asked to also show cause within seven days “why disciplinary action should not be taken against him for his complicity in the recommendation”.
In a broader effort to combat judicial misconduct, the NJC suspended three judicial officers, including a sitting Justice of the Court of Appeals, for one year without pay.
Among those sanctioned is Justice Jane Inyang of the Court of Appeal, Uyo Division, who was found to have misused her position while sitting as a judge of the Federal High Court, Uyo Judicial Division.
The NJC said, Hon. Justice Jane E. Inyang was found to have abused his office by issuing inappropriate ex parte orders for the sale of Hon. Udeme Esset’s petrol station and other businesses at the interlocutory stage of the case.”
According to the NJC, Justice Inyang’s actions violated Rule 3(5) of the Revised Code of Conduct for Judicial Officers.
The misbehaviour occurred in Suit No. FHC/UY/CS/46/2023 prior to her elevation to the Court of Appeal.
Justice Inyang Ekwo of the Federal High Court, Abuja Division, was also suspended for a year without pay and placed on a five-year watch list, during which he will be prevented from advancement.
The NJC found that “His Lordship delivered a ruling in a pending application without hearing the parties… proceeded to deliver a ruling dismissing the Charge against the Defendants,” which contravened Rules 3.1 and 3.3 of the 2016 Revised Code of Conduct for Judicial Officers.
In the same vein Justice Aminu Baffa Aliyu of the Federal High Court, Zamfara Division, has been suspended for one year without pay and placed on a three-year watch list.
In Suit No. FHC/GS/CS/30/2021 (Government of Zamfara State vs EFCC), he was held guilty of granting orders restricting security services from carrying out their statutory duties and of violating the stare decisis principle.
The NJC also cautioned Justice A. O. Awogboro of the Federal High Court, Lagos Division, on a petition filed in Suit No. FHC/CS/2021 by Chief Adesanya Musediku and the Assistant Inspector General of Police, Zone 2.
Other disciplinary actions included the formation of nine committees to probe 27 judicial officers on various claims.
The council also dismissed 29 petitions and held several others pending appellate court decisions.
It noted, “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 merit.”
The NJC also heard and dismissed a petition contesting Zamfara State’s judicial appointment process in 2022.
The petitioner, Mahmud Aliyu, was discovered to be “an interested party who had indicated interest but was not selected.”
The council found his charges were “unsubstantiated and substantially based on falsehood” and prohibited him from future involvement in judicial appointment processes.
Furthermore, the NJC dismissed a petition contesting the recruitment process for six Federal High Court justices in 2021, citing a violation of Section 11(1) of the Judicial Discipline Regulations, which states that complaints must be lodged within six months after the alleged event.
The NJC also resolved to make the appointment of judicial officers more transparent by inviting public input, stating, henceforth, the names of candidates being considered for appointment as judicial officers to superior courts of records will be published for information and comments by the public.”
The objective, it said, is “to solicit comments from the public where there is objection to the integrity, reputation and/or competence of the candidates by opening the process to public participation and scrutiny.”
The NJC also accepted the voluntary retirement of Justice Babatunde Bakre and approved a name change for Justice I. A. Osayande of the Edo State High Court, now to be known as Hon. Justice I. A. Dika.
