NJC nullifies Imo acting CJ appointment, suspends three judges for misconduct

The National Judicial Council (NJC) has declared the appointment of Justice Theophilus Nzeukwu as the acting Chief Judge of Imo State null and void, directing Governor Hope Uzodinma to immediately reverse the decision and appoint the most senior judicial officer in the state, in accordance with the 1999 Constitution.

This decisive action was among the resolutions reached at 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 issued by the Council’s Deputy Director of Information, Kemi Ogedengbe Babalola, 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 Constitution of the Federal Republic of Nigeria, 1999 (as amended).”

The NJC explicitly cited the constitutional provision, stating: “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.”

Furthermore, the Council directed Justice Nzeukwu to provide justification within seven days as to why disciplinary action should not be taken against him for presenting himself to be sworn in as acting Chief Judge of Imo State, in clear violation of constitutional stipulations.

Disciplinary measures were also extended to the President of the Customary Court of Appeal, Imo State, Justice V. U. Okorie, who presided over the Judicial Service Commission meeting that recommended Justice Nzeukwu’s appointment. Justice Okorie was similarly instructed to show cause within seven days “why disciplinary action should not be taken against him for his complicity in the recommendation.”

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In a broader effort to address judicial misconduct, the NJC suspended three judicial officers, including a sitting Justice of the Court of Appeal, for one year without pay.

Among those sanctioned is Justice Jane Inyang of the Court of Appeal, Uyo Division, who was found to have abused her office while serving as a judge of the Federal High Court, Uyo Judicial Division. The NJC stated, “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 Council determined that Justice Inyang’s actions were in breach of Rule 3(5) of the Revised Code of Conduct for Judicial Officers. The misconduct 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 one year without pay and placed on a five-year watch-list, during which he is barred from any 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,” which contravened Rules 3.1 and 3.3 of the 2016 Revised Code of Conduct for Judicial Officers.

Similarly, Justice Aminu Baffa Aliyu of the Federal High Court, Zamfara Division, was suspended for one year without pay and placed on a three-year watch-list. He was found guilty of granting orders restraining security agencies from carrying out their statutory duties in Suit No. FHC/GS/CS/30/2021 (Government of Zamfara State vs EFCC), and for disregarding the doctrine of stare decisis.

The NJC also issued a letter of caution to Justice A. O. Awogboro of the Federal High Court, Lagos Division, concerning a petition filed in Suit No. FHC/CS/2021 between Chief Adesanya Musediku and the Assistant Inspector General of Police, Zone 2.

Further disciplinary matters included the empaneling of nine committees to investigate 27 judicial officers over various allegations. The council also dismissed 29 petitions and placed several others in abeyance pending decisions from appellate courts. 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 in merit.”

The NJC also considered and rejected a petition challenging the 2022 judicial appointment exercise in Zamfara State. The petitioner, Mahmud Aliyu, was found to be “an interested party who had indicated interest but was not selected.” The council concluded his allegations were “unsubstantiated and substantially based on falsehood” and barred him from future participation in judicial appointment processes.

Additionally, the NJC dismissed a petition challenging the recruitment process for six Federal High Court judges in 2021, citing a violation of Section 11(1) of the Judicial Discipline Regulations, which requires complaints to be filed within six months of the alleged event.

In a significant move towards greater transparency, the NJC resolved to invite public input in the appointment of judicial officers, 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 aim, 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.”

Finally, the council 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.

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