The National Judicial Council (NJC) has ordered Imo State Governor, Hope Uzodinma, to revoke the appointment of the state’s acting Chief Judge, Theophilus Nzeukwu.
The NJC stated that Uzodinma violated the provisions of the Nigerian Constitution by unilaterally appointing Nzeukwu as the Acting Chief Judge of Imo State without following due process.
In a statement, the council directed the governor to instead appoint the most senior judicial officer in the state’s High Court hierarchy, in line with Section 271(4) of the 1999 Constitution (as amended).
According to the statement released by the council’s Deputy Director of Information, Kemi Babalola, this provision requires the most senior judge to assume the role when the Chief Judge’s office is vacant.
“The NJC 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 1999 Constitution (as amended),” the statement read.
In response, the council has issued Justice Nzeukwu a seven-day deadline to provide reasons why he should not face disciplinary measures for submitting himself for an unconstitutional swearing-in.
Likewise, the President of the Customary Court of Appeal in Imo State, Justice V.U. Okorie, who was alleged to have recommended the acting Chief Judge, has been asked to explain his involvement in the matter.
In a separate development, the National Judicial Council (NJC) has imposed one-year suspensions without pay on three judges over various instances of judicial misconduct.
Among those disciplined is Justice Jane Inyang of the Court of Appeal, Uyo Division, who was found guilty of abuse of office during her tenure at the Federal High Court, Uyo. She was accused of issuing improper ex parte orders that facilitated the sale of petrol stations and businesses owned by Hon. Udeme Esset at an interlocutory stage of proceedings.
According to the NJC, “Justice Inyang’s conduct breached Rule 3(5) of the Revised Code of Conduct for Judicial Officers.”
Also suspended is Justice Inyang Ekwo of the Federal High Court, Abuja, who was faulted for ruling on a pending application without affording the parties an opportunity to be heard, effectively dismissing criminal charges prematurely.
“The actions of Hon. Justice Ekwo are in violation of Rules 3.1 and 3.3 of the 2016 Revised Code of Conduct,” the Council stated.
He has additionally been placed on a five-year watch list and disqualified from future elevation within the judiciary.
Justice Aminu Baffa Aliyu of the Federal High Court, Zamfara Division, was similarly suspended and placed on a three-year watch list.
In a case between the Zamfara State Government and the Economic and Financial Crimes Commission (EFCC), he was found to have improperly restrained law enforcement agencies from performing their lawful duties.
The NJC criticised his failure to adhere to stare decisis, the legal principle requiring judges to respect precedent.
