Nigerian Bar Association (NBA), Owerri Branch, has faulted the appointment of Hon. Justice T.N. Nzeukwu as Acting Judge of Imo by Governor Hope Uzodinma and called for immediate reversal.
This is contained in a statement issued on Friday after the emergency meeting of the Executive Committee of the branch jointly endorsed by the chairman Chris U. Ihentuge and the secretary Daniel O Odiba.
The Chairman said that an emergency meeting had to be convened immediately on 2nd day of April, 2025, in pursuant to the unanimous resolution of the Exco members.
In the statement copied 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, the body insisted 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.
According to them 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:
He said: “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 function”.
The NBA insists that due process must be followed in the appointment of the Acting Chief Judge adding that if for any reason, the most senior judge or judges were bypassed, the rationale for this deviation must be immediately justified.
They said: “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 body maintained that 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.
The NBA therefore demands that the Governor should, immediately, take steps to address this situation and reverse this action which is inconsistent with the Constitution.
According to them, failure to do so will further erode public confidence in the judiciary at a time when trust in our institutions is already fragile insisting that 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.
Meanwhile, Hon. Justice Ihentuge has being sworn in last Thursday 3rd April, 2025 as the Chief Judge of Imo State by Governor Hope Uzodimma.
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