NBA Owerri Branch Rejects Appointment of Acting CJ – THISDAYLIVE

Stories by Steve Aya

The Nigerian Bar Association (NBA), Owerri Branch has expressed dissatisfaction with the appointment of Hon. Justice T. N. Nzeukwu as the Acting Chief Judge of Imo State by the Governor of Imo State on the 2nd of April, 2025.

Following this development, the Chairman, Chief Chris U. Ihentuge immediately on the same April 2, 2025, directed the Secretary to convene an emergency meeting of the Executive Committee of the Branch, which was duly convened, and issued a press release pursuant to the unanimous resolution of the Exco members.

It said ‘It is a matter of public record and knowledge that Hon. Justice Nzeukwu is not the most senior Judge of the Imo State High Court, as there are three other Judges who are senior to him. The appointment of an Acting Chief Judge must conform strictly to the provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended), particularly Section 271(4), which states: ‘If the office of Chief Judge of a State is vacant or if the person holding the office is for any reason unable to perform the functions of the office, until a person has been appointed to, and has assumed the functions of that office, the Governor of the State shall appoint the most senior Judge of the High Court to perform those functions”.

‘The Nigerian Bar Association, Owerri Branch, insists that due process must be followed in the appointment of the Acting Chief Judge. 

‘If, for any reason, the most senior Judge or Judges were bypassed, the rationale for this deviation must be immediately justified. 

‘If there exists any impediment preventing the senior Judges from assuming the role, such an impediment, if valid, should not only disqualify them from the position of Acting Chief Judge, but also from sitting as judicial officers at all.’ 

The Nigerian Bar Association, Owerri Branch demanded that the Governor should, immediately, take steps to address the situation and reverse the action which is inconsistent with the Constitution.

In a related development, the National Judicial Council (NJC) has stated that it wasn’t a part of the appointment of the Imo State Acting Chief Judge. In a statement signed by the NJC Deputy Director (Information), Kemi Babalola Ogedengbe, said that Governor Uzodinma had earlier written to the NJC requesting approval for Justice Nzeukwu’s appointment, but that the NJC was yet to consider the request. That deliberation on the Governor’s request will come up at the Council’s meeting on April 29 and 30, 2025.