The High Court of Imo State, Iho Judicial Division, has adjourned the hearing of Suit No. HIH/9m/2025: Chinedu Agu, Esq. v Governor of Imo State & 2 Others to Wednesday, 9 April 2025.
The Plaintiff, Chinedu Agu, Esq. had on Friday, 28 March 2025, approached the court under Order 40 Rule 3 of the High Court of Imo State (Civil Procedure) Rules, 2017, seeking an extension of time to apply for leave to initiate judicial review proceedings by way of Mandamus.
Specifically, the relief sought is to compel Governor Hope Uzodinma to appoint the most senior judge of the Imo State High Court as Acting Chief Judge, pending the appointment of a substantive Chief Judge.
However, in the twilight of Tuesday, 2 April 2025, while the matter was pending, the Governor proceeded to appoint and swear in Hon. Justice T.N. Nzeukwu, the fourth most senior judge of the High Court, as Acting Chief Judge of the State. This development has sparked significant legal and constitutional debate among lawyers in the State.
At the hearing of the suit on Wednesday, 3 April 2025, Plaintiff’s counsel, U.D. Unegbu, appearing with 4 other counsel (Uzor Enwere, Ikenna Ndukwe, Blaise Iwunze and Chibueze Anyanwu) urged the court to proceed with the matter, contending that the purported appointment was null and void, having contravened Section 271(4) of the 1999 Constitution (as amended). He argued that there was no appointment in the eyes of the Law, as such the State still has no Acting Chief Judge, and that the court was still competent to determine the matter.
The presiding judge, after considering the submissions, adjourned the suit to 9 April 2025 for hearing of the Plaintiff’s motion for extension of time.
The Governor’s action has since drawn strong criticism within the legal community. A joint statement by the Chairman and Secretary of the Nigerian Bar Association, Owerri Branch, Chief Chris Ihentuge and Mr. Daniel Odiba, ACArb, described the appointment as unconstitutional and urged the Governor to rescind it.
In a further twist, the National Judicial Council (NJC) has publicly distanced itself from the appointment, stating that it has not deliberated on the Governor’s request to appoint Justice Nzeukwu in the light of what the Governor described in his letter as the “unappointability” of either of the three more senior judges ahead of Hon. Justice Nzeukwu.
The Governor’s action continues to divide opinion among legal practitioners within and beyond the State. While some attempt to rationalise the appointment on the grounds that similar irregularities have occurred in the past and seemingly become the norm in the State, others argue that past wrongs cannot justify continued constitutional breaches. They insist that the rule of law must prevail, and the right procedure must be followed, irrespective of previous infractions.
As the legal fireworks continue, all eyes are now on the outcome of the case on April 9.
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