The National Judicial Council (NJC), on Wednesday, reversed the appointment of Justice Theophilus Nnamdi Nzeukwu as Acting Chief Judge of Imo State.
The apex judicial disciplinary body also directed Governor Hope Uzodinma to appoint the most senior Judge in acting capacity.
NJC gave Justice Nzeukwu seven days to show cause why disciplinary action should not be taken against him for presenting himself for swearing in as the Acting Chief Judge of the South-East state.
It also queried Hon. Justice V. U. Okorie, President of the Customary Court of Appeal, Imo State, who acted as Interim Chairman of Imo State Judicial Service Commission and recommended the appointment of Hon. Justice Nzeukwu.
He is required to show cause within seven days why disciplinary action should not be taken against him for his complicity in the recommendation.
In a statement signed by Mrs Kemi Ogedengbe Babalola, the Deputy Director of Information, NJC, the disciplinary body at its 108th meeting under the leadership of the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, resolved that the governor has no discretionary powers in the appointment of an Acting Chief Judge, according to the constitution.
The statement reads: “The Council at its Meeting resolved that the constitutional provision on appointment of an acting Chief Judge of a State does not give room for discretion. Section 271(4) of the Constitution provides:
“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, until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions, the Governor shall appoint the most senior Judge of the High Court to perform those functions.”
It stated further: “Justice Theophilus Nnamdi Nzeukwu should be issued a query to show cause within seven (7) days why disciplinary action should not be taken against him for presenting himself to be sworn in as the acting Chief Judge of Imo State. Hon. Justice V. U. Okorie, the President of the Customary Court of Appeal, Imo State, who acted as Interim Chairman of Imo State Judicial Service Commission and recommended the appointment of Hon. Justice Nzeukwu is required to show cause within 7 days why disciplinary action should not be taken against him for his complicity in the recommendation”.
