Uzodimma Eats the Humble Pie

Finally, the Imo State Government last week agreed to reverse the appointment of Justice Theophilus Nzeukwu as the acting Chief Judge of the state, as directed by the directive of the National Judicial Council (NJC).

The NJC had penultimate week voided Nzeukwu’s appointment for being in violation of the Nigerian Constitution.

 It further directed the governor 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 council also asked Nzeukwu to show cause within seven days why disciplinary action should not be taken against him for presenting himself to be sworn in as the acting chief judge.

The Commissioner for Information in Imo State, Declan Emelumba, had attempted to hoodwink the public when he claimed that Governor Hope Uzodimma initially appointed Justice Nzeukwu as acting chief judge based on credible reports available to him, which had indicated that the judge was the “most senior judicial officer not encumbered by unresolved issues.”

He, however, said the state government later reviewed the NJC’s directive on the appointment of the acting Chief Judge and saw that it made a mistake.

It was good that the state government rescinded its earlier decision to force Justice Nzeukwu, the fourth on the hierarchy of the state’s High Court judges, on the state.

The governor and his attorney general cannot say that they were not aware of the constitutional provision and the fact that the NJC had been consistent in ensuring that this constitutional provision was not violated.

The framers of the constitution knew that if the governors were allowed the 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.

NJC should continue to stand firm and resist this impunity by governors as it has been doing.

In any future case, the NJC should sanction, not only the unqualified judge who presents himself for swearing in as acting chief judge, but also refer the state attorney general to the appropriate lawyers’ disciplinary committee for not advising the state governor appropriately.