The Imo State Government has said it would implement the directive of the National Judicial Council, NJC, which sacked the State’s Acting Chief Judge, the Honourable Justice Theophilus Nzeukwu from office.
Governor Hope Uzodinma appointed Justice Nzeukwu as the Acting Chief Judge on the recommendation of the State’s Judicial Commission months after the NJC sacked the substantive Chief Judge, Theresa Chikeka, for falsifying her age.
However, Uzodinma, who had written to the NJC and forwarded Nzeukwu’s name to it, did not wait for a response before he swore him in as the acting Chief Judge.
The Governor’s action met with stiff opposition from the Owerri Branch of the Nigerian Bar Association who described the appointment as illegal because Nzeukwu is the number four most senior Judge in the State and not number one. The branch wrote a petition to the NJC which, unhappy with the appointment, dissociated itself from it on the grounds that the appointment was in breach of the Constitution.
On Wednesday, at its 108th Meeting, the NJC wielded the big stick and directed the Governor to remove, with immediate effect, Justice Nzeukwu from office as the Acting Chief Judge and appoint the most senior Judge in the State to that position.
A statement signed by the Commissioner for Information, Public Orientation and Strategy, Declan Emelumba, explained that the Governor acted in good faith when he appointed Nzeukwu. Emelumba also said that the Government would implement the directive of the NJC.
The statement reads: “The Imo State Government has reviewed the decisions reached by the National Judicial Council (NJC), at its 108th meeting, particularly, the Council’s position on the appointment of an Acting Chief Judge of the State.
“His Excellency, Senator Hope Uzodinma, CON, Governor of Imo State, made the appointment of Honourable Justice Theophilus Nzeukwu as Acting Chief Judge, based on credible reports available to him at the time which indicated that Justice Nzeukwu was the most senior Judicial Officer not encumbered by unresolved issues. This position, along with the supporting circumstances was duly communicated to the NJC.
“The Government respects the wisdom of NJC in the discharge of its statutory duties and recognises the advisory constitutional role of the body in Judicial appointments.
Consequently, the Government acknowledges and accepts the Council’s latest position on the matter.
“While the appointment was made in good faith and within the bounds of the law, the Government of Imo State will, in line with its longstanding respect for due process and the judiciary, comply with the NJC’s recommendation.
“Accordingly, steps are being taken to implement the decision of the National Judicial Council.”
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