The Imo State Government has pledged to implement the National Judicial Council’s (NJC) recommendation regarding the appointment of a new Acting Chief Judge, signaling a commitment to upholding constitutional provisions and aligning with national judicial standards.

This development follows the NJC’s 108th meeting held on April 29–30, 2025, where the Council nullified the appointment of Hon. Justice Theophilus Nzeukwu as Acting Chief Judge of Imo State for violating Section 271(4) of the 1999 Constitution, which mandates that the most senior judge of the High Court be so appointed. Justice Nzeukwu, who is reportedly fourth in the order of seniority among Imo State High Court judges, was appointed on April 3, 2025, by Governor Hope Uzodimma following the compulsory retirement of former Chief Judge, Justice Theresa Chikeka, in October 2024.

In a statement issued by the Imo State Commissioner for Information, Public Orientation, and Strategy, Hon. Declan Emelumba, the state government confirmed it had reviewed the NJC’s resolution and is taking steps to comply. Emelumba explained that the decision to appoint Justice Nzeukwu was based on credible intelligence at the time, noting that the governor acted within legal bounds and with the best intentions.

“His Excellency, Senator Hope Uzodimma, CON, appointed Hon. Justice Theophilus Nzeukwu as Acting Chief Judge based on intelligence suggesting he was the most senior judge not encumbered by unresolved issues,” Emelumba stated.

He added that the state government had communicated its rationale and relevant documentation to the NJC prior to the appointment, maintaining that the decision was made in good faith.

However, Emelumba emphasized the government’s respect for the NJC’s constitutional advisory role and its decision in the matter. “The Imo State Government holds the National Judicial Council in the highest regard and acknowledges its constitutional authority in matters concerning judicial appointments. We therefore accept and will act upon the Council’s latest position.”

The NJC, at its meeting chaired by Chief Justice of Nigeria, Hon. Justice Kudirat Kekere-Ekun, not only voided Justice Nzeukwu’s appointment but also issued a query requiring him to explain, within seven days, why disciplinary action should not be taken for presenting himself for swearing-in contrary to constitutional provisions.

Similarly, Hon. Justice V. U. Okorie, President of the Imo State Customary Court of Appeal and Interim Chairman of the Imo State Judicial Service Commission, was directed to justify his role in recommending Justice Nzeukwu for the position, despite his lower seniority.

Reaffirming its commitment to the rule of law, Emelumba stated, “In demonstration of our respect for the judiciary and adherence to constitutional order, the Imo State Government is taking the necessary steps to implement the NJC’s decision.”

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