NBA divided over Imo acting chief judge’s appointment

The Nigerian Bar Association in Imo State is divided over the appointment of Justice Theophilus Nzeukwu as the Acting Chief Judge of the state.

While the Owerri branch faulted the appointment and described it as a breach of the Constitution, the Mbaise branch supported it, arguing that Justice Nzeukwu was qualified for the position.

Governor Hope Uzodimma had, on April 2, appointed Justice Nzeukwu to head the state judiciary in an acting capacity, four months after the former Chief Judge, Theresa Chikeka, was removed by the National Judicial Council for age falsification in November 2024.

Justice Nzeukwu’s appointment has since generated controversy, with many lawyers describing it as an aberration.

The NJC, in a statement issued by its Deputy Director of Information, Kemi Ogedengbe, on April 4, also disapproved of the appointment, urging the general public to note that it was not a party to it.

Speaking with Saturday PUNCH, the Owerri NBA Chairman, Chris Ihentuge, said Uzodimma was wrong to have appointed Justice Nzeukwu, who is fourth in the hierarchy of judges in the state, and urged him to reverse the appointment.

He stated that only the most senior judge could be appointed as Acting Chief Judge, as provided by the Constitution.

Ihentuge argued that the appointment was faulty because the governor disregarded constitutional provisions.

“The provision of the Constitution is so clear on the appointment of an Acting Chief Judge, and it should be followed. Section 271(4) of the Constitution is clear—whenever there is a vacancy, the most senior judge in the High Court must be appointed,” he stated.

He added that the governor has no discretion under Section 271(4). “Whenever there is a vacancy in the position of Chief Judge, the person to be appointed as Acting Chief Judge must be the most senior. The NBA Owerri branch stands by that provision.

“We demand a reversal of Justice Nzeukwu’s appointment. Let the Constitution be followed. The governor can appoint whoever he wants as the substantive Chief Judge, but he must obey the Constitution in appointing an Acting Chief Judge.”

Similarly, a legal practitioner in the state, Chinedu Agu, said he would take the NJC, Uzodimma, Justice Nzeukwu, and other stakeholders to court to ensure that the most senior judge is appointed as Chief Judge of the state.

Agu, who alleged that a pending suit he instituted on the matter was being frustrated by the executive, said the governor had no justification for appointing Justice Nzeukwu.

“The governor ignored the first, second, and third most senior judges and jumped to the fourth, appointing him as Acting Chief Judge. It is a constitutional matter, and the governor doesn’t have discretion under Section 271(4), other than to appoint the most senior judge. The provision doesn’t say the governor may or can. It says the governor shall. And in legal terms, shall is compulsory—it means a mandatory requirement.

“They have begun to frustrate the case I instituted before Justice Nzeukwu’s appointment. If we feel we cannot get justice before whoever the matter is reassigned to, then we will take our next steps. I will include the NJC in the fresh suit I intend to file so that they will be fully aware of what has been happening.”

However, the Chairman of the NBA Mbaise branch, Eze Ihekoronye, supported the appointment and absolved the governor of any wrongdoing.

He said, “It is my strong view that Governor Uzodimma properly and justly performed his constitutional duty under Section 271(4) by appointing Justice Nzeukwu as the most qualified judge among the four most senior serving judges of the Imo State judiciary. A judge must be qualified before his appointment.”

“A judge who breaks the oath of office is corrupt and is no longer a fit and proper person for appointment as Chief Judge. Among those who were presented for appointment, the governor saw—based on available records and legal advice—that Justice Nzeukwu was the most qualified.

“The appointment is acceptable to the majority of NBA members in Imo State. What I am saying reflects the collective opinion of my members.”