The National Judicial Council (NJC) is set to hold its highly anticipated meeting today and tomorrow, April 29 and 30, 2025, to deliberate on the controversial appointment of Hon. Justice Theophilus Nnamdi Nzeukwu as the Acting Chief Judge of Imo State and other recommendations from other states. The appointment, made by Governor Hope Uzodimma on April 3, 2025, has sparked widespread debate due to Nzeukwu’s position as the fourth most senior judge in the Imo State High Court, bypassing three more senior judges. Critics are urging the NJC to suspend Nzeukwu and appoint the most senior judge to uphold judicial integrity, while supporters argue the appointment was merit-based and constitutional.

Justice Nzeukwu, appointed by Governor Hope Uzodimma, is currently the fourth in the line of seniority in the Imo State judiciary—a deviation from the constitutional tradition of elevating the most senior judge. His appointment has sparked national debate, drawing criticism from legal professionals, judicial watchdogs, and some branches of the Nigerian Bar Association (NBA).

The NJC had on April 4, 2025, issued a formal clarification, denying reports that it had endorsed Justice Nzeukwu’s appointment. According to the Council, the matter is still under consideration, and no approval has been granted.

In the statement signed by Kemi Babalola Ogedengbe, Deputy Director (Information), the NJC explained that although Governor Uzodimma wrote to the Council requesting approval—arguing that the three more senior judges were ineligible—the Council had yet to consider or decide on the request.

“The NJC is not a party to the purported appointment of Justice Nzeukwu,” the statement read. “Deliberation on the matter is scheduled for the Council’s meeting on April 29 and 30.”

The appointment follows the recent removal of the former Chief Judge of Imo State due to disciplinary actions, leaving a vacuum in the judiciary’s leadership.

Legal experts and civil society groups have urged the NJC to assert its constitutional role and suspend Justice Nzeukwu from the bench, insisting that his appointment is a breach of judicial norms and an attack on the doctrine of seniority in the judiciary.

Critics argue that permitting such an appointment without NJC approval would embolden governors to hijack the judiciary, potentially destroying judicial independence at the state level.

“The NJC must send a strong message. Either Justice Nzeukwu is sanctioned or the most senior judge is appointed in line with Section 271(4) of the Constitution,” one senior advocate told TheNigeriaLawyer.

The controversy has also created a visible rift within the NBA in Imo State. While the Owerri Branch has thrown its weight behind the NJC and demanded the appointment’s reversal, four other branches—Orlu, Okigwe, Mbano/Etiti, and Mbaise—have publicly endorsed the governor’s choice.

In a joint press conference on April 6, chairmen of the four pro-Uzodimma branches described the appointment as “constitutional and well-informed,” arguing that Justice Nzeukwu is, by certain criteria, the most suitable among the top four judges.

However, the Owerri Branch, led by Chairman Chief Chris U. Ihentuge and Secretary Daniel O. Odiba, accused the governor of violating constitutional order by bypassing the top three senior judges without just cause. The branch also questioned the motives of the other NBA branches, describing their endorsement as politically tainted.

“If the three senior judges are unfit to act as Chief Judge, then they should not remain on the bench at all,” the Owerri Branch said in a statement, warning that it would escalate the matter to the NJC, BOSAN, and other national legal bodies if ignored.

Observers say the NJC’s decision this week could set a crucial precedent in upholding—or undermining—the principle of judicial seniority and constitutional order. Many warn that allowing political interference in judicial appointments could erode public trust in the legal system and open the door for executive overreach across the states.

The Council’s ruling on Justice Nzeukwu’s appointment is now being closely watched nationwide, as it may define the balance of power between state executives and the judiciary in years to come.

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