By Athan Agbakwuru, Owerri
The Nigerian Bar Association, NBA, Owerri Branch, has expressed serious concern over 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 describing it as a breach of the rules guiding the appointment of a State Chief Judge.
In a statement issued Thursday by Chief Chris U. Ihentuge and Daniel O. O.Diba branch Chairman and Secretary respectively disclosed that the branch’s reaction to the development was swift as the association convened an emergency meeting of the Executive Committee of the branch and in unanimous resolution noted that the new Acting CJ is not the most senior judge of the state High Court, as required by law.
The association insisted that due process must be followed in the appointment of the Acting Chief Judge pointing out that ‘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.
“As primary stakeholders in the legal profession, the Bar cannot, in good conscience, justify this appointment without clarity on the reasons behind the deviation from constitutional provisions.
“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).
Ihentuge cited 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 lawyers therefore demand that the Governor should, immediately, take steps to address this situation and reverse this action saying it is inconsistent with the Constitution.
They warned, “Failure to do so will further erode public confidence in the judiciary at a time when trust in our institutions are already fragile. The Bar shall also take all steps necessary in the circumstance.
“The Nigerian Bar Association, Owerri Branch, reiterates that it has no interest in any particular individual holding the office of the Chief Judge, but it is deeply committed to the protection of due process, the rule of law, and the sanctity of the Constitution.”
The release further hinted that the resolution of the association will be communicated to the Imo State Honorable Attorney General and Commissioner for Justice, the Body of Senior Advocates of Nigeria (BOSAN), Imo State Chapter, the Judicial Service Commission (JSC) of Imo State, the President of the Nigerian Bar Association and the National Judicial Council (NJC) without delay.
