In a dramatic turn of events, just hours before the scheduled hearing of a judicial review application – HIH/8M/2025: Chinedu Agu vs Governor of Imo State & Another – challenging the delay in appointing an Acting Chief Judge of the State, the Governor of Imo State has sworn in Hon. Justice T.N. Nzeukwu as the Acting Chief Judge of the State.
The ceremony, which took place in the late hours of today’s evening at the Government House, Owerri, comes against the backdrop of a pending legal action initiated by Chinedu Agu, Esq., seeking an Order of Mandamus to compel the governor to appoint the most senior judge of the Imo State High Court as Acting Chief Judge in line with Section 271(4) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The application which was filed on Friday the 28th March 2025 and fixed for hearing tomorrow 3rd April 2025 before the High Court of Imo State, Iho Judicial Division, raises significant constitutional questions regarding the process and criteria for appointing an Acting Chief Judge. The applicant, Agu, contends that the failure of the Governor to promptly appoint the most senior judge of the High Court of Imo State has led to a state of judicial orphancy – judicial sede vacante of a sort – causing administrative stagnation in the judiciary and delaying justice for litigants.
In his application, Agu seeks an order extending the time for leave to obtain an order of Mandamus to compel the governor to appoint the most senior Judge of the High Court of Imo State as Acting Chief Judge, as required by law.
The suit also highlights the adverse effects of the delayed appointment, including the inability to assign cases, delays in judicial administration, and the paralysis of key judicial functions such as the signing of Letters of Administration and urgent legal directives.
In the suit, he set out his grounds as follows:
“The National Judicial Council (NJC) recommended the compulsory retirement of the former Chief Judge of Imo State, Hon. Justice T.E. Chukwuemeka-Chikeka, on the 15th day of November 2024, wherefore she ceased to perform the functions of that office till date.
“Since the said 15th day of November 2024, the 1st Respondent ought to have appointed the most senior Judge of the Imo State High Court as Acting Chief Judge in compliance with Section 271(4) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“The 1st Respondent has, since then, failed, neglected, and/or refused to appoint the most Senior Judge of Imo State High Court as an Acting Chief Judge.
“That having been directly and adversely affected by the dereliction of the 1st Respondent to so appoint, the applicant now wishes to apply to the honourable court for leave to obtain an Order of Mandamus to compel the 1st Respondent to adhere to Section 271[4] of the Constitution.
“The Applicant has a duty as a citizen of Nigeria, former NBA Owerri Secretary, Bar leader, and a legal practitioner who plies his legal trade in Imo State, to bring this action.
“The refusal or neglect of the 1st Respondent to appoint the most senior Judge of the High Court of Imo State as Acting Chief Judge has left it in a state of judicial Sede Vacante and judicial orphancy of a sort, thereby creating an administrative vacuum, disrupting the dispensation of justice, and afflicting applicant’s practice of his cherished profession.
“The Respondent has a legal and constitutional duty to perform the act in question but has unlawfully refused or neglected to do so.
“The Applicant has no other remedy available except by an order of mandamus.
“It is in the interest of justice and fairness that the time for application of leave be extended to allow the substantive application to be heard.”
This suit was discussed extensively at the NBA Owerri Monthly General Meeting of Saturday the 29th March 2025, where many members offered their opinions on the pending suit, with majority commending the courage of the Plaintiff, Chinedu Agu, Esq., in instituting the action.
Today’s appointment of Hon. Justice T.N. Nzeukwu, therefore appears to preempt the court’s deliberation on the matter tomorrow.
However, legal analysts suggest that the sudden appointment might not automatically render the judicial review application moot, as questions may still arise regarding adherence to constitutional and procedural requirements in the appointment process.
The legal community in Imo State is closely watching developments, as the outcome of the case and the implications of today’s swearing-in could set a significant precedent in judicial appointments and executive compliance with constitutional provisions.
More updates to follow as the case unfolds.
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