NJC rejects exclusion of Imo acting chief judge from shortlist for substantive appointment

Add us on Google

The National Judicial Council (NJC) has rejected the exclusion of acting Chief Judge of Imo State, Ijeoma Agugua, from the list of nominees submitted by the state’s judicial service commission for appointment as the state’s substantive chief judge.

Join the Premium Times WhatsApp Community For Quick Access To News and Happenings Around You.

Open in WhatsApp

The council said in a statement on Wednesday that it ordered the Imo State Judicial Service Commission, the body with statutory authority to initiate the process of appointing judicial officers in the state, to include Ms Agugua on its shortlist.

NJC’s Deputy Director (Information) Kemi Babalola-Ogedengbe said in a statement on Wednesday that the council gave the directive at its 112th meeting held on 3 November.

During the meeting, the council, chaired by Chief Justice of Nigeria Kudirat Kekere-Ekun, recommended 28 candidates for various judicial appointments and reached decisions on several disciplinary matters.

“Council also directed the Imo State Judicial Service Commission to include the name of the most senior Judge of the State High Court, the Acting Chief Judge, Hon. Justice Ijeoma Agugua, in the list of candidates for appointment as substantive Chief Judge of the State,” the statement stated.

The statement did not list the names or the number of nominees on the judicial service commission’s initial shortlist.

Persistent crisis

The attempt to fill the Imo chief judge position has been a major bone of contention between the NJC and Imo State authorities since former Chief Judge T. E. Chukwuemeka Chikeka was compulsorily retired over age falsification two years ago in November 2024.

Stay Ahead with Premium Times

Follow us on Google News and never miss breaking stories, investigations, and in-depth reporting.

Add as a preferred source on Google

The NJC’s latest decision on the matter signalled the state government’s persistent disapproval of Ms Agugua for the position.

Despite Ms Agugua being the most senior High Court judge, the state authorities passed over her to pick a lower ranking judge to act as the chief judge.

The controversial decision, which paralysed the state High Court for months, was criticised by the Nigerian Bar Association and rejected by the NJC for disregarding seniority principle.

In April 2025, the NJC roundly rejected the appointment of Theophilus Nzeukwu, who was the number four on the hierarchy of judges of the state, as acting chief judge.

The NJC said Mr Nzeukwu’s appointment violated Section 271(4) of the Nigerian constitution which mandates the governor to “appoint the most senior judge of the High Court” to temporarily perform the functions of the chief judge whenever the office becomes vacant.

It also ordered that Mr Nzeukwu should be issued a query for accepting appointment by Imo State Governor Hope Uzodimma as the acting chief judge in violation of the constitution.

In June, about two months after rejecting Mr Nzeukwu’s appointment and issuing him a query, the NJC sent him on a compulsory retirement for accepting to be sworn in for the acting chief judge role.

The council also restated its stance, directing Governor Uzodimma to comply with its directive to swear in the state’s most senior judge.

The governor had justified picking Mr Nzeukwu, which he said was based on “credible reports available to him at the time.”

He said in a statement that reports submitted to him indicated Mr Nzeukwu was the “most senior judicial officer not encumbered by unresolved issues.”

But the NJC stressed that the constitutional provision on acting appointments of state chief judges did not leave room for discretion.

Mr Uzodimma subsequently agreed to comply with the directives of the NJC.

But while the state government bowed to NJC’s directive, it remained resolute to only allow Ms Agugua to occupy the office in acting capacity.

Why NJC took latest decision on Imo chief judge position

The NJC said it directed the Imo State Judicial Commission to include Ms Agugua’s name in the list of nominees for appointment as the substantive chief judge in the state, following the consideration of a petition dated 11 June by Bob Kay Njemanze.

It said Mr Njemanze’s petition challenged the exclusion of Ms Agugua from the shortlist submitted by the judicial service commission.

The NJC’s statement did not give the names or number of nominees sent by the judicial service commission.

The council, the body with preeminent roles in the appointment of judges across Nigeria’s superior courts of record, asserted its power to issue such a directive to the judicial service commission to include Ms Agugua’s name in the list of nominees for the substantive chief judge.

“In considering the petition, Council noted that although the State Judicial Service Commission has the constitutional responsibility to advise the NJC on suitable candidates for appointment as Chief Judge, the Council retains the authority to determine the suitability of persons presented to it. It consequently directed its Secretariat to formally request the Imo State JSC to include the name of Hon. Justice I. O. Agugua in the shortlist,” the NJC’s statement stated.

Imo judiciary at the centre of attention

The Imo State judiciary has been at the centre of attention for the wrong reasons for two years.

In November 2024, its then chief judge, Mr Chikeka, was sent on a compulsory retirement over age falsification, setting off the leadership crisis that has dogged the state judiciary since then.

READ ALSO: NJC recommends 28 candidates for judicial appointments (FULL LIST)

In June last year, the NJC recommended Mr Nzeukwu on a compulsory retirement for making himself available to be sworn in as the acting chief judge “knowing fully well that he was number four in the hierarchy of Judges of the Imo State Judiciary and contrary to Section 271 (4)” of the Nigerian constitution.”

At the same meeting, the council recommended the compulsory retirement of a set of nine judges of the Imo State High Court found to be culpable of age falsifications,

But the council absolved the President of the Customary Court of Appeal, Imo State, V. U. Okorie, who chaired the commission that nominated Mr Nzeukwu as the acting chief judge.