Lawyers condemn Imo acting chief judge appointment, cite constitutional breach
A group of legal practitioners have voiced their opposition to the appointment of Justice Theophilus Nzeukwu as the Acting Chief Judge of Imo State.
The legal practitioners under the aegis of Lawyers for Civil Liberties, at a press conference on Friday in Abuja, described Justice Nzeukwu’s appointment as a breach of constitutional provisions and judicial traditions.
The National Coordinator of Lawyers for Civil Liberties, Opatola Victor, criticised the decision of the Imo State Governor, Hope Uzodimma, stating that appointing the fourth most senior judge in the judicial hierarchy contravenes Section 271(4) of the Nigerian Constitution.
He added that this section stipulates that the next in line in the judicial hierarchy should be appointed when the position of chief judge becomes vacant.
“This action undermines the traditions of hierarchy and fairness that underpin the judiciary’s credibility.
“When the seat of the Chief Judge is vacant, the governor can only appoint the next in line, which means the next in hierarchy. The appointment of the fourth most senior judge is against the provisions of the constitution and the traditions of the judiciary,” Opatola said.
The group announced that it has petitioned the National Judicial Council, the body responsible for appointing, promoting, and disciplining judicial officers, to investigate the matter and remind state governors that constitutional provisions are binding, not cosmetic.
“As lawyers for civil liberties, we have petitioned the NJC to ensure that the right thing is done. Governors must be reminded that Section 271 cannot be compromised for political purposes,” Opatola added.
Meanwhile, on April 4, the NJC issued a press statement dissociating itself from Justice Nzeukwu’s appointment as Acting Chief Judge of Imo State. The council clarified that while Governor Uzodimma had written requesting its approval for Justice Nzeukwu’s appointment, it had not yet considered the request or taken a position on the matter.
Opatola, in his speech, further emphasised that the appointment of a Chief Judge should not be politicised. “This is not a political appointment subject to the whims of the governor. It is a constitutional process that ensures fairness, accountability, and respect for the tradition of judicial hierarchy,” he said.
The lawyers also expressed disappointment at the state’s repeated disregard for judicial hierarchy, noting that similar breaches occurred in 2020 when a junior judge was appointed over Justice Madu, the rightful candidate according to hierarchy.
“While mistakes have been made in the past, we had hoped these errors would be corrected and not repeated. The judiciary must not be subjected to political manoeuvring. It is crucial for democracy that constitutional provisions are respected,” Opatola stated.
The lawyers called on Nigerians to support efforts to ensure adherence to constitutional provisions, highlighting that undermining judicial hierarchy not only erodes public trust in the judiciary but also demoralises junior judges.
“We urge the NJC to investigate the ongoing aberration in Imo State and take corrective action. The process of judicial appointments is just as important as the outcome. Safeguarding the judiciary’s integrity is vital for our democracy,” the lawyers stressed.
