The NJC made the decision during its 108th meeting held on April 29 and 30 under the leadership of the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun.
The National Judicial Council (NJC) has declared the appointment of Justice Theophilus Nzeukwu as the acting Chief Judge of Imo State unconstitutional and suspended three judges, including a Court of Appeal Justice, over misconduct.
The NJC made the decision during its 108th meeting held on April 29 and 30 under the leadership of the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun.
A statement released by the Council’s Deputy Director of Information, Kemi Ogedengbe Babalola, disclosed that the Imo State Governor, Senator Hope Uzodinma, violated constitutional provisions by appointing Justice Nzeukwu.
“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.
Section 271(4) of the Constitution stipulates that, in the absence of a substantive Chief Judge, the most senior judge must be appointed to act in that capacity.
The Council noted that Justice Nzeukwu’s appointment did not comply with this requirement.
In response, the NJC ordered Justice Nzeukwu to “show cause within seven days why disciplinary action should not be taken against him for presenting himself to be sworn in” contrary to constitutional procedures.
Meanwhile, the President of the Customary Court of Appeal, Imo State, Justice V. U. Okorie, who presided over the Judicial Service Commission meeting that recommended Nzeukwu, has also been asked to justify his actions within a week.
In a related development, the NJC handed down one-year suspensions without pay to three judges for various forms of judicial misconduct.
Among those sanctioned is Justice Jane Inyang of the Court of Appeal, Uyo Division, who was found guilty of abusing her office while serving at the Federal High Court, Uyo.
She was accused of issuing inappropriate ex parte orders that led to the sale of petrol stations and businesses owned by Hon. Udeme Esset during an interlocutory stage.
“Justice Inyang’s actions contravened Rule 3(5) of the Revised Code of Conduct for Judicial Officers,” the NJC noted.
Also suspended was Justice Inyang Ekwo of the Federal High Court, Abuja, who delivered a ruling on a pending application without hearing the parties involved, thereby dismissing criminal charges prematurely.
“The conduct of Hon. Justice Ekwo violates Rules 3.1 and 3.3 of the 2016 Revised Code of Conduct,” the Council stated.
He has been placed on a five-year watch list and barred from future elevation.
Justice Aminu Baffa Aliyu of the Federal High Court, Zamfara Division, was also suspended and placed on a three-year watch-list.
In a suit between the Government of Zamfara State and the Economic and Financial Crimes Commission (EFCC), he was found to have restrained security agencies from carrying out lawful duties.
The NJC condemned his failure to uphold stare decisis, the legal doctrine of respecting precedent.
In a milder disciplinary action, Justice A. O. Awogboro of the Federal High Court, Lagos Division, received a letter of caution over a complaint regarding a suit involving Chief Adesanya Musediku and the Assistant Inspector General of Police, Zone 2.
The Council also announced that it had empanelled nine committees to investigate 27 judicial officers facing various petitions.
However, 43 petitions were reviewed, 29 of which were dismissed for lacking merit, while others were deferred pending court outcomes.
One such petition involved Mahmud Aliyu, who challenged the 2022 judicial appointment process in Zamfara State.
The NJC ruled that Aliyu’s claims were “unsubstantiated and substantially based on falsehood,” and barred him from future participation in judicial selections.
A separate petition contesting the 2021 recruitment of six Federal High Court judges was also dismissed for violating the six-month filing deadline stipulated in Section 11(1) of the Judicial Discipline Regulations.
Meanwhile, the NJC announced that future judicial appointments would involve public participation.
“The names of candidates being considered for appointment as judicial officers to superior courts of record will be published for information and comments by the public,” the statement said.
The Council noted that this move is intended to “solicit objections concerning the integrity, reputation, or competence of candidates” and enhance transparency in the judicial selection process.
The NJC also accepted Justice Babatunde Bakre’s voluntary retirement and approved a formal 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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