On Wednesday, April 2nd, 2025, Governor Hope Uzodimma appointed Hon. Justice Theophilus Nnamdi Nzeukwu as the Acting Chief Judge of Imo State, to replace Hon. Justice Theresa Chikeka, who was removed by the National Judicial Council (NJC) over age falsification. This appointment followed the constitution of the state’s Judicial Service Commission (JSC) two months ago by the governor, during which he tasked the Commission to conduct a staff audit of judicial officers in the state and commence the process of selecting a substantive Chief Judge, stressing that only judges with credible records should be nominated for positions of trust. “Fasten your seat belts and weather the storm, no matter whose ox is gored,” said the governor.
The JSC went to work and, at the end of its assignment, recommended Hon. Justice T.N. Nzeukwu to be appointed as the Chief Judge of the state. In the exercise of the powers conferred on him by Section 271(4) of the Constitution of the Federal Republic of Nigeria (as amended), the governor appointed Hon. Justice T.N. Nzeukwu as the Acting Chief Judge of Imo State. Section 271(4) allows the governor to make temporary appointments into the office of the Chief Judge of a state. It also provides that if the position of the Chief Judge is vacant or the holder is unable to perform their duties, the governor shall appoint the most senior judge of the High Court to act in their place until a new Chief Judge is appointed or the original one resumes duties. This subsection does not require any approval by the NJC. It is only in the case of a substantive appointment that the Constitution requires the NJC to make nominations to the governor. Nevertheless, the governor went ahead to notify the NJC of the appointment of an Acting Chief Judge. In a media report last week, the NJC acknowledged receipt of the governor’s letter. “The NJC acknowledged that the Governor of Imo State had written to it, stating why the judges senior to Justice Nzeukwu were not fit to be appointed,” said the NJC.
Sadly, a few hours after the swearing-in of the new Acting Chief Judge, the Chairman of the Nigerian Bar Association (NBA), Owerri Branch, Chief Chris Ihentuge, threw caution to the wind and chose to politicise the well-deserved appointment, twisting the NJC’s report to suit his political interests. He accused the governor of not following due process in the appointment. He said: “The Nigerian Bar Association, Owerri Branch, insists that due process must be followed in the appointment of the Acting Chief Judge. 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.”
Chief Ihentuge has not left anyone in doubt that he is a politician, but he has not been able to muster enough courage to throw aside his wig and jump into the political ring. A few months ago, this same NBA Chairman raised a false alarm about the structural integrity of the State High Court, Owerri, causing near panic at the court. Since he raised that false alarm, he has not apologised to the people of Imo State. To add insult to injury, he again failed to resist the urge to play politics with the appointment of the Acting Chief Judge rather than stick to the ethics of his legal profession. He failed to rise above board. Had he paid the least attention to the statement from the state government, which clearly stated that Hon. Justice T.N. Nzeukwu was the most senior judge according to judicial records, he would have seen without difficulty that the other judges had certain encumbrances that already made them unsuitable.
Not too long ago, Hon. Justice Theresa Chikeka was removed by the NJC for age falsification, prompting the governor to direct the newly constituted JSC to carry out a thorough personnel audit. The governor, therefore, made the appointment based on the JSC’s report, which showed Hon. Justice T.N. Nzeukwu as the most senior judge in Imo State.
In a statement by the Hon. Commissioner for Information, Public Orientation and Strategy, Declan Emelumba, the state government explained that “as a result of the dismissal of the former Chief Judge, Hon. Justice Chikeka, for age falsification, the Judicial Service Commission of Imo State took time to go through the records of judicial officers in Imo State. After the exercise, it was confirmed that Hon. Justice Nzeukwu was the most senior to occupy the position by all available records.” The Commissioner emphasized that Hon. Justice Nzeukwu’s appointment came after a detailed audit by the JSC. But Chief Ihentuge, being a politician under a lawyer’s wig, paid no attention to the facts. He was more interested in pleasing his political allies than upholding the ethics of his profession.
Interestingly, four branches of the NBA in Imo State chose to uphold their professional ethics rather than play to the gallery. They sharply disagreed with Chief Ihentuge and endorsed the appointment of Hon. Justice T.N. Nzeukwu as the Acting Chief Judge. In a press release signed by Prince B.O. Amukamara (Chairman, NBA Orlu Branch), I.I. Iheonu (Chairman, NBA Okigwe Branch), Ndubuisi Uhuegbu (Chairman, NBA Mbano/Etiti Branch), and Chief Eze Ihekoronye (Chairman, NBA Mbaise Branch), and read during a press conference in Owerri, the NBA welcomed the appointment and noted that the governor adhered to the provisions of the Constitution in making the appointment.
They declared: “Consequently, we hereby state categorically that the decision (appointment of Justice Nzeukwu by Governor Uzodimma) is acceptable to the majority of the members of the Nigerian Bar Association (NBA), Imo State.” The NBA agreed that Hon. Justice Nzeukwu is the most senior and qualified among the four most senior judges of the Imo State Judiciary for appointment as the Acting Chief Judge. They added that Governor Hope Uzodimma carefully and lawfully performed his constitutional duty under Section 271(4) of the 1999 Constitution (as amended) by appointing Hon. Justice T.N. Nzeukwu.
Unlike Ihentuge’s charade, the endorsement by the four NBA branches underscores the significance of the Acting Chief Judge’s appointment. Their commendation highlights the governor’s commitment to upholding the law and ensuring a smooth transition in the judiciary. It demonstrates a healthy collaboration between the executive and judicial arms and ensures continuity in the dispensation of justice. Beyond creating stability in the Imo State Judiciary, the appointment of Justice Nzeukwu as Acting Chief Judge has been hailed as a step forward in upholding the rule of law and the doctrine of separation of powers, showing the governor’s dedication to development, order, and judicial integrity.
Senior lawyers across Nigeria have also commended the governor, describing the appointment as a demonstration of his commitment to constitutionalism. They insist that by appointing the most senior eligible judge, the governor has shown a willingness to uphold fairness and meritocracy. Clearly, the appointment also highlights the governor’s appreciation of the principle of separation of powers in a democratic system. By respecting this principle, the governor has allowed the judiciary to function independently, reinforcing the checks and balances essential to a healthy democracy.
Beyond the shenanigans of Chief Ihentuge, the appointment of Hon. Justice T.N. Nzeukwu as the Acting Chief Judge of Imo State will have a positive impact on the judiciary. It will enthrone merit, honesty, integrity, and hard work, while discouraging all forms of dishonesty and manipulation, thereby enhancing the credibility of the judiciary. With his wealth of experience and expertise, the Acting Chief Judge is well-positioned to provide leadership and guidance, ensuring that justice is served and the rights of citizens protected.
While we expect a reinvigorated judiciary under the Acting Chief Judge, we cannot but extend our condolences to Chief Ihentuge and the cabal that had hitherto held the Imo State judiciary by the jugular. This appointment is a hard hit, an uppercut for them, as they now suffer a bloody nose.
Hon. Sir Collins Ughalaa, Special Adviser (Public Orientation) to Governor Hope Uzodimma