By Kolawole Ojebisi
The Imo State Government has accepted to reverse the controversial appointment of Justice Theophilus Nzeukwu as the state’s acting Chief Judge following a directive from the National Judicial Council.
The state’s Commissioner for Information and Strategy, Declan Emelumba, disclosed the decision on Thursday evening.
Emelumba said the state had reviewed the NJC’s resolutions from its 108th meeting and would comply accordingly.
According to Emelumba, the appointment of Justice Nzeukwu was made in “good faith” and based on available intelligence at the time.
“Senator Hope Uzodimma, CON, Governor of Imo State, made the appointment of Hon. 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,” he said.
He added that the governor’s decision and the circumstances surrounding it were “duly communicated to the NJC.”
However, the commissioner emphasised that the Uzodimma-led administration respects due process and the constitutional role of the NJC in judicial appointments.
“The government respects the wisdom of the 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,” Emelumba said.
He concluded: “While the appointment was made 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.”
Recall that the NJC had, during its meeting held on April 29 and 30, 2025, declared Justice Nzeukwu’s appointment void and directed the governor to appoint the most senior judge in the Imo State High Court in line with Section 271(4) of the 1999 Constitution (as amended).
In a statement signed by its Deputy Director of Information, Kemi Ogedengbe Babalola, the NJC quoted the Constitution:
“If the office of the 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, then… the governor shall appoint the most senior Judge of the High Court to perform those functions.”
The council also directed Justice Nzeukwu to show cause within seven days why disciplinary action should not be taken against him for presenting himself to be sworn in in violation of constitutional guidelines.
Additionally, the NJC questioned the role of Justice V. U. Okorie, President of the Customary Court of Appeal, Imo State.
Justice Okorie was similarly given seven days to explain “why disciplinary action should not be taken against him for his complicity in the recommendation.”
