Despite the perceived shortcomings of the judiciary, one area the National Judicial Council (NJC) has not disappointed Nigerians is in the appointment and removal of Chief Judges of states.
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To the credit of the council, politicians have not hijacked this assignment, unlike in the appointment of high court judges.
This is why the council last week stood up to Imo State Governor, Hope Uzodimma for his unilateral appointment of Theophilus Nzeukwu as the state’s acting Chief Judge.
Uzodimma had appointed Justice Nzeukwu, who is said to be the fourth on the hierarchy of the state’s High Court judges, to replace the former Chief Judge of the state, Justice T. E. Chukwuemeka Chikeka, who was sent on compulsory retirement last November for age falsification.
With Nzeukwu’s fourth position in the state judiciary, it is clear that the governor violated the provisions of the 1999 Constitution, which stipulates that the most senior judge of the High Court should be appointed as Chief Judge in the event of a vacancy.
The governor and his attorney general who should advise him know quite well that the NJC had been consistent in ensuring that this constitutional provision is not violated.
If he must appoint an acting Chief Judge, why not the most senior judge?
However, the governor’s supporters argue that he has not violated the law provided he will not renominate him after the expiration of the first three months, for the substantive position.
But analysts argue that by bypassing the three most senior judges, the governor’s action has raised suspicions and fears in the state judiciary.
The framers of the constitution knew that if the governors were given the sole opportunity to appoint and remove the state chief judges, they would politicise and bastardise state judiciaries.
Even the Supreme Court had in several judgments, affirmed this important constitutional provision to keep the governors in serious check.
But out of political and administrative rascality, some governors have continued to dare the NJC.
It was good that the council quickly distanced itself from the governor’s action. It should continue to resist this impunity by governors as it has been doing.
Many lawyers believe that by accepting the acting CJ position, Nzeukwu has put his career at risk as the NJC may end up sanctioning him.
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