*Says”Since April 30, No New Cases Assigned, Creating Mounting Backlog” As Litigants Left In Limbo
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A coalition of prominent Nigerian legal luminaries has accused the Imo State government of executive overreach and legislative manipulation in a fresh petition to the Chief Justice of Nigeria (CJN), urging an urgent investigation into a controversial amendment to state law that allegedly strips the Acting Chief Judge of key administrative powers.
The Save the Judiciary Coalition, comprising Senior Advocates of Nigeria (SANs) including Jibrin Samuel Okutepa, Femi Falana, Ebun-Olu Adegboruwa, and Funmi Falana, among others, filed the petition on November 13, 2025, addressed to the CJN and Chairman of the National Judicial Council (NJC). The group described the situation as a “systematic pattern of subjugation” that has paralyzed justice delivery in Imo State, eroding public confidence in the judiciary nationwide.
At the heart of the crisis is the High Court (Amendment) Law No. 16 of 2022, purportedly enacted on July 22, 2022, which alters Section 42(2) of the Imo State High Court Law. The amendment vests the responsibility for assigning cases to the Chief Registrar during the absence of a substantive Chief Judge, bypassing the Acting Chief Judge. The coalition attached the relevant provision as Annexure A to their petition but claims it remained “unknown to the legal community and even key stakeholders in the judiciary” until after the swearing-in of Acting Chief Judge Justice Ijeoma Agugua on September 26, 2025.
The petitioners argue that the amendment’s sudden emergence raises “strong suspicions” of backdating to serve “ulterior motives,” potentially rendering it invalid. They contend it contravenes Section 271(4) of the 1999 Constitution (as amended), which mandates that an Acting Chief Judge exercises the full powers of the office, including administrative duties like case assignments, to ensure seamless judicial operations.
The petition chronicles a series of events since the compulsory retirement of former Chief Judge Justice T.E. Chikeka in November 2024, recommended by the NJC, which created a leadership vacuum under Governor Hope Uzodinma’s administration.
- November 2024: Justice Chikeka retires, triggering the need for prompt appointment of the most senior judge as Acting Chief Judge per constitutional requirements.
- April 2, 2025: Despite high-level pressures and legal actions, Governor Uzodinma swears in Justice T.N. Nzeukwu, the fourth most senior judge, as Acting Chief Judge, ignoring seniority norms.
- April 29–30, 2025: At its 108th meeting, the NJC directs the governor to reverse the appointment and swear in the most senior judge. The governor’s spokesman issues a statement affirming compliance, but no action follows, prolonging uncertainty for litigants and lawyers.
- June 26, 2025: In a decisive step, the NJC compulsorily retires Justice Nzeukwu and nine other Imo State judges, reiterating the directive to appoint Justice Ijeoma Agugua as Acting Chief Judge.
- July 23, 2025: The governor announces Agugua’s appointment but delays the swearing-in ceremony—a critical step for legitimacy—for over two months.
- September 26, 2025: Agugua is finally sworn in, only for the controversial 2022 amendment to surface, shifting case assignment powers to the Chief Registrar.
The coalition highlights inconsistencies undermining the amendment’s authenticity. For instance, during Nzeukwu’s tenure (April 2–30, 2025), he personally assigned cases without invoking the law. Similarly, from May 1 to September 25, 2025—amid the leadership void—no assignments were made by the Chief Registrar, as the amendment would have required if operative since 2022.
“These omissions further cast doubt on the law’s provenance and indicate it was perhaps contrived post facto to justify the ongoing disruptions,” the petition states.
The fallout has been severe: Since April 30, 2025, no new cases have been assigned in Imo State courts, creating a mounting backlog that affects urgent matters like fundamental rights enforcement, commercial disputes, and criminal trials. Litigants are left in “limbo,” with widespread confusion, eroded trust, and “untold hardship” on citizens.
The group warns that this “contrived impasse” not only diminishes the Acting Chief Judge’s role but also breaches separation of powers by allowing executive and legislative interference in judicial autonomy. It risks setting a “dangerous precedent” replicable in other states, jeopardizing the national judicial framework.
In their plea to the CJN, the coalition calls for:
- A thorough NJC investigation into the amendment’s enactment, timing, and potential backdating.
- Directives to the governor to halt actions undermining Agugua’s authority.
- Immediate restoration of case assignments and safeguards for judicial independence in Imo State.
They issued a 14-day ultimatum: Failure to act decisively will prompt them to seek judicial redress, including declarations of constitutional breaches, mandamus orders for compliance, and other reliefs to “restore the dignity and functionality” of the Imo judiciary.
“We trust in Your Lordship’s unwavering commitment to upholding the rule of law and preserving the sanctity of our judicial institutions,” the petition concludes, signed on behalf of the coalition by Okutepa and Falana.
Acknowledged copy of letter to CJN 14 Nov 2025As of November 18, 2025, neither the NJC nor the Imo State government has publicly responded to the petition.
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