* Justice Kudirat Kekere-Ekun
Chief Judge of Nigeria and Chairman, National Judicial Council
By Pathfinder Reporter
Thursday May 1, 2025
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The National Judicial Council (NJC) has annulled Governor Hope Uzodinma’s appointment of Justice Theophilus Nnamdi Nzeukwu as the Acting Chief Judge of the state.
It directed the reversal of the appointment immediately.
The NJC also suspended three judicial officers, including a sitting Justice of the Court of Appeal, for one year without pay.
The NJC, at its 108th meeting which ended in Abuja yesterday, also directed Uzodinma to appoint the most senior judge in the State High Court’s hierarchy as the acting CJ in conformity with Section 271 (4) of the Constitution.
According to a statement released late yesterday by NJC’s spokeswoman, Mrs. Kemi Ogedengbe Babalola, the Council was of the view that the constitutional provision on the appointment of an acting CJ of a state does not give room for discretion.
The NJC resolved that Justice Nzeukwu should be issued a query to show cause within seven days why disciplinary action should not be taken against him for presenting himself to be sworn in as the acting CJ of Imo State.
It also resolved that the President of the state’s Customary Court of Appeal, Justice V. U. Okorie, Imo State, who acted as Interim Chairman of Imo State Judicial Service Commission and recommended the appointment of Justice Nzeukwu should also show cause within seven days why disciplinary action should not be taken against him for his complicity in the recommendation.
In a broader move targeting judicial misconduct, the NJC suspended three judicial officers, including a sitting Justice of the Court of Appeal, for one year without pay.
Among those sanctioned is Justice Jane Inyang of the Court of Appeal, Uyo Division, who was found to have abused her office while serving as a judge of the Federal High Court, Uyo Judicial Division.
The NJC said,“Hon. Justice Jane E. Inyang was found to have abused his office by issuing inappropriate ex parte orders for the sale of Hon. Udeme Esset’s petrol station and other businesses at interlocutory stage of the case.”
According to the NJC, Justice Inyang’s actions were found to be in breach of Rule 3(5) of the Revised Code of Conduct for Judicial Officers.
The misconduct took place in Suit No. FHC/UY/CS/46/2023 before her elevation to the Court of Appeal.
Justice Inyang Ekwo of the Federal High Court, Abuja Division, was also suspended for one year without pay and placed on a five-year watch-list, during which he is barred from elevation.
The NJC found that: “His Lordship delivered a ruling in a pending application without hearing the parties… proceeded to deliver a ruling dismissing the Charge against the Defendants,” which contravened Rules 3.1 and 3.3 of the 2016 Revised Code of Conduct for Judicial Officers.
Similarly, Justice Aminu Baffa Aliyu of the Federal High Court, Zamfara Division, was suspended for one year without pay and placed on a three-year watch list.
He was found guilty of granting orders restraining security agencies from carrying out their statutory duties in Suit No. FHC/GS/CS/30/2021 (Government of Zamfara State vs EFCC), and for disregarding the doctrine of stare decisis.
The NJC also issued a letter of caution to Justice A. O. Awogboro of the Federal High Court, Lagos Division, over a petition filed in Suit No. FHC/CS/2021 between Chief Adesanya Musediku and the Assistant Inspector General of Police, Zone 2.
Other disciplinary matters included the empaneling of nine committees to investigate 27 judicial officers over various allegations.
The council also dismissed 29 petitions and placed several others in abeyance pending appellate court decisions.
It noted: “Council equally considered the report of its Preliminary Complaints Assessment Committee, which contained a total number of 43 petitions. Nine Committees were impaneled for further investigation of eleven petitions, while 29 petitions were dismissed for lacking in merit.”
The NJC also considered and rejected a petition challenging the 2022 judicial appointment exercise in Zamfara State.
The petitioner, Mahmud Aliyu, was found to be “an interested party who had indicated interest but was not selected.”
The council concluded his allegations were “unsubstantiated and substantially based on falsehood” and barred him from future participation in judicial appointment processes.
Furthermore, the NJC dismissed a petition challenging the recruitment process for six Federal High Court judges in 2021, citing a violation of Section 11(1) of the Judicial Discipline Regulations, which requires complaints to be filed within six months of the alleged event.
Significantly, the NJC also resolved to make the appointment of judicial officers more transparent by inviting public input, stating: “Henceforth, the names of candidates being considered for appointment as judicial officers to superior courts of records will be published for information and comments by the public.”
The aim, it said, is “to solicit comments from the public where there is objection to the integrity, reputation and/or competence of the candidates by opening the process to public participation and scrutiny.”
The council also accepted the voluntary retirement of Justice Babatunde Bakre and approved a name change for Justice I. A. Osayande of the Edo State High Court, now to be known as Hon. Justice I. A. Dika.
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