The National Judicial Council has declared the appointment of Justice Theophilus Nzeukwu as Acting Chief Judge of Imo State null and void, directing Governor Hope Uzodinma to reverse the decision immediately and instead appoint the most senior judicial officer in the state’s High Court, in line with the provisions of the 1999 Constitution.
This resolution formed part of the decisions reached during the NJC’s 108th meeting held on April 29 and 30, 2025, under the chairmanship of the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun.
In a statement signed by the Council’s Deputy Director of Information, Kemi Ogedengbe Babalola, the NJC stated it had “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).”
Quoting the relevant constitutional provision, the Council explained: “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.”
In addition to invalidating the appointment, the NJC ordered Justice Nzeukwu to provide a written explanation within seven days as to why disciplinary action should not be taken against him for allowing himself to be sworn in in breach of constitutional provisions.
Furthermore, the Council issued a similar directive to Justice V. U. Okorie, the President of the Imo State Customary Court of Appeal, who chaired the Judicial Service Commission meeting that recommended Nzeukwu’s appointment. He was also asked to show cause within seven days “why disciplinary action should not be taken against him for his complicity in the recommendation.”
In a sweeping disciplinary crackdown, the NJC suspended three judicial officers, including a serving Court of Appeal Justice, for misconduct, imposing a one-year suspension without pay.
Among those sanctioned was Justice Jane E. Inyang of the Court of Appeal, Uyo 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 interlocutory stage of the case.” The misconduct occurred in Suit No. FHC/UY/CS/46/2023, prior to her elevation to the Court of Appeal. Her conduct was found to have violated Rule 3(5) of the Revised Code of Conduct for Judicial Officers.
Also suspended was Justice Inyang Ekwo of the Federal High Court, Abuja Division. He received a one-year suspension without pay and was placed on a five-year watch-list during which he is disqualified from consideration for elevation. 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,” in violation of Rules 3.1 and 3.3 of the 2016 Revised Code of Conduct for Judicial Officers.
Justice Aminu Baffa Aliyu of the Federal High Court, Zamfara Division, was likewise suspended for one year without pay and placed on a three-year watch-list. He was sanctioned for improperly granting orders restraining security agencies from performing their statutory duties in Suit No. FHC/GS/CS/30/2021 (Government of Zamfara State vs EFCC), and for disregarding binding precedents, thereby violating the doctrine of stare decisis.
In a less severe disciplinary action, the Council issued a letter of caution to Justice A. O. Awogboro of the Federal High Court, Lagos Division, following a petition concerning Suit No. FHC/CS/2021 between Chief Adesanya Musediku and the Assistant Inspector General of Police, Zone 2.
The Council also approved the empanelment of nine investigative committees to probe 27 judicial officers over various allegations. It reviewed a total of 43 petitions presented by its Preliminary Complaints Assessment Committee. According to the statement, “Nine Committees were empanelled for further investigation of eleven petitions, while 29 petitions were dismissed for lacking in merit.”
In addition, the NJC dismissed a petition that challenged the 2022 judicial appointment process in Zamfara State, ruling that the petitioner, Mahmud Aliyu, was “an interested party who had indicated interest but was not selected.” The Council determined that his claims were “unsubstantiated and substantially based on falsehood,” and consequently barred him from participating in future judicial appointment processes.
A separate petition contesting the recruitment process for six Federal High Court judges in 2021 was also dismissed for violating Section 11(1) of the Judicial Discipline Regulations, which requires such complaints to be filed within six months of the alleged incident.
In a significant reform initiative, the NJC resolved to enhance transparency in judicial appointments by involving the public. It announced: “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 Council stated that the objective 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.”
Additionally, the NJC accepted the voluntary retirement of Justice Babatunde Bakre and approved a name change for Justice I. A. Osayande of the Edo State High Court, who will now be known as Hon. Justice I. A. Dika.
