By Chioma Obinna

The Human Rights Writers Association of Nigeria, HURIWA, has called on the Governor of Imo State, Mr. Hope Uzodimma, to adhere to the constitutional guidelines regarding the appointment of the acting Chief Judge of the state.

In a press statement released issued yesterday by the National Coordinator of HURIWA, Comrade Emmanuel Onwubiko, the group emphasised that the National Judicial Council (NJC) should play a key role in the process to ensure the final determination of the appointment aligns with the Constitution.
HURIWA expressed concern over the governor’s decision to bypass the three most senior judges in the Imo State judiciary in favor of the fourth most senior judge, Justice Theophilus Nzeukwu.

The group argued that if the three senior judges were deemed unsuitable for the acting Chief Judge role, then, by implication, they should also be unqualified to serve as judges in the state.

“The Governor’s conclusion that the three most senior judges are unqualified to serve as Acting Chief Judge raises serious constitutional concerns,” Onwubiko said.

“The Constitution stipulates that judges must first be appointed before qualifying for elevation to the office of Chief Judge. If these three judges are competent enough to remain on the bench, they are equally qualified to serve as Acting or Substantive Chief Judge.”
HURIWA further recalled the NJC’s statement that it did not approve the appointment of Justice Nzeukwu. The NJC had clarified that it had not yet considered the request from Governor Uzodimma, who had sought approval for Nzeukwu’s appointment despite his position as the fourth in the hierarchy.

“The National Judicial Council made it clear that they had not approved the appointment of Justice Nzeukwu. It is troubling that despite the NJC’s stance, the governor proceeded with the appointment without waiting for a constitutional determination,” Onwubiko stated.

The NJC’s clarification, issued by its Deputy Director of Information, Kemi Ogedengbe, reiterated that it had not made any decision regarding Nzeukwu’s appointment and was not part of the purported appointment process.

The Council also noted that while the governor had outlined reasons for disqualifying the top three senior judges, it had yet to review the matter.

HURIWA argued that the governor’s decision to bypass the three senior judges undermines the constitutional process and creates a dangerous precedent.

Onwubiko said: “The governor cannot act as both the prosecutor and the judge in his case. He must allow the NJC, the body constitutionally empowered to make such determinations, to weigh in before any appointments are made.”

The rights group also expressed its frustration with the negative publicity surrounding the Imo State judiciary, calling on the governor to act by the law to avoid further damage to the state’s judicial reputation.

“It is imperative that the governor follows due process to protect the integrity of the Imo State judiciary and shield it from further public scorn,” HURIWA said.

HURIWA reaffirmed the constitutional provisions guiding judicial appointments, specifically referencing Section 271 of the Nigerian Constitution, which mandates that the Governor’s appointment of a Chief Judge or High Court Judge must be made with the recommendation of the NJC.
It stated that the provision ensures the independence and integrity of the judiciary and should not be disregarded.