…Directs Gov Uzodimma to reverse appointment of acting chief judge of Imo state
The National Judicial Council (NJC), at its 108th meeting held on April 29 and 30, 2025, approved the immediate suspension of three Judges for one year without pay.
The affected judges are Justice Jane E. Inyang of the Court of Appeal, Uyo Division; Justice Inyang Ekwo of the Federal High Court, Abuja Division, and Justice Aminu Baffa Aliyu of the Federal High Court in Zamfara State.
This was as the NJC directed Governor Hope Uzodimma of Imo State, to reverse the appointment of the acting Chief Judge of the State, Justice Theophilus Nnamdi Nzeukwu.
The Council also specifically asked the acting Chief Judge of Imo State to show cause within seven days why disciplinary action should not be taken against him.
Similarly, the NJC asked the President, Customary Court of Appeal, Imo State, to also show cause within seven days why disciplinary action should not be taken against him for presiding over the JSC meeting that recommended the appointment of the Acting Chief Judge of the State, contrary to the provision of the Constitution.
These were contained in a statement on Wednesday, April 30, 2025 by Kemi Babalola, Deputy Director of Information of the NJC, stating that the NJC has also empanelled nine committees to investigate 27 judicial officers for various allegations of misconduct.
Other decisions arrived at by the NJC included the dismissal of 29 petitions and the issuance of a letter of caution to a Federal High Court Judge.
It stated; “appointment of Judicial Officers henceforth open to public scrutiny and also directed the Imo State Governor, Senator Hope Uzodimma to appoint the most senior Judicial Officer in the State High Court’s hierarchy as the acting Chief Judge of the State in conformity with Section 271 (4) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)”.
The NJC meeting, chaired by the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, insisted that the constitutional provision on the appointment of an acting Chief Judge of a State does not give room for discretion.
It noted that 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”.
The NJC further said that the President of the Customary Court of Appeal, Imo State, Hon. Justice V. U. Okorie, “who acted as Interim Chairman of Imo State Judicial Service Commission and recommended the appointment of Justice Nzeukwu is required to show cause within seven days why disciplinary action should not be taken against him for his complicity in the recommendation.
“Specifically, in its resolution, the Council suspends Justice Jane E. Inyang, Court of Appeal, Uyo Division, for one year without pay, as the Investigation Committee found His Lordship to have breached Rule 3 (5) of the Revised “Code of Conduct for Judicial Officers. Justice Jane E. Inyang was found to have abused his office by issuing inappropriate Ex parte Orders for the sale of Hon. Udemesset’s petrol station and other businesses at the interlocutory stage of the case”.
The act of judicial misconduct was said to have occurred while His Lordship presided over Suit No. FHC/UY/CS/46/2023, at the Federal High Court, Uyo Judicial Division, before his elevation to the Court of Appeal.
Similarly, Justice Inyang Ekwo of the Federal High Court, Abuja Division, was also placed on suspension for one year without pay and placed on the watch list for five years and barred from elevation for five years as well.
The complaints against Justice Ekwo arose from Charge No. FHC/ABJ/CR/184/2021, wherein His Lordship delivered a Ruling in a pending application without hearing the parties.
He was said to have ignored an application to set aside the proceedings of the court conducted in the absence of the parties. Subsequently, he proceeded to deliver a ruling dismissing the case against the defendants.
“Consequently, His Lordship was found to have violated Rules 3.1 and 3.3 of the 2016 Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria,” the Council stated.
In the same vein, the NJC also approved the suspension of Justice Aminu Baffa Aliyu of the Federal High Court, Zamfara Division, for a period of one year without pay for judicial misconduct in breach of Rule 3 (1) and 5 of the 2016 Code of Conduct for Judicial Officers.
The Council also placed Justice Aliyu on the watch list for three years, during which period he is barred from elevation.
Justice Aliyu was found liable for act of judicial misconduct in Suit No. FHC/GS/CS/30/2021, between the Government of Zamfara State vs EFCC, wherein he was accused of granting an order restraining security agencies from carrying out their statutory duties, and disregarded the doctrine of stare decisis in adjudication of the case.
The NJC hammer also fell on Justice A. O. Awogboro of Federal High Court, Lagos Division, who was issued a letter of caution following a petition filed by one Kasali Azeez Olagoke and S. Hamza in Suit No. FHC/CS/2021 between Chief Adesanya Musediku against Assistant General of Police, Onikan, Zone 2.
However, the petition against Justice Othman A. Musa of the High Court of the Federal Capital Territory was put in abeyance pending the outcome of the decision of the Court of Appeal arising from Suit No. FCT/HS/BW/2274/15.
The NJC also said that the petition against Justice C. N. Mbonu Nwenyi of the High Court of Anambra State by one Prof. Paul C. Obianaso was discountenanced after investigation revealed that there was no misconduct on the part of His judge.
Similarly, another petition against Hon. Justice I. E. Ekwo in Suit No FHC/ABJ/CS/321/2015 was put in abeyance pending the outcome of the appeal before the Court of Appeal.
The Council also said that it disapproved of a petition by Mrs Adaku Amadi against Hon. Justice R. B. Haastrup of the National Industrial Court, as the Petitioner withdrew her complaints.
The statement further said; “Council equally considered the report of its Preliminary Complaints Assessment Committee, which contained a total number of 43 petitions.
“Nine Committees were empanelled for further investigation of 11 petitions, while 29 petitions were dismissed for lacking merit.
“Three petitions against Hon. Justice Abubakar Babashani of the High Court of the Federal Capital Territory, Hon. Justice Isaac Essien of the National Industrial Court, and Hon. Justice A. O. Musa of the High Court of the Federal Capital Territory by Henry Chinweike Okoro, Ikemefuna Stephen Nwoye, Esq.; and Lassborn Chichebem Orjiugo, respectively, were put in abeyance pending the decisions of the Court of Appeal.
The Council equally considered a petition by Mahmud Aliyu against the appointment of three Judges to the High Court of Zamfara State in which the petitioner complained that the exercise conducted in 2022 by the Zamfara State Judicial Service Commission, which led to the emergence of shortlisted candidates, was not transparent and was characterized by nepotism, high-handedness, and non-compliance with Rules 4, 5, and 6 of the NJC guidelines for the appointment of Judicial Officers 2014.
The Petitioner alleged that the nominees were unilaterally picked by the Chairman of the Zamfara State Judicial Service Commission (JSC) in disregard to the NJC guidelines on merit-based assessment.
Council, however deliberated on its committee’s findings on the petition and resolved that the petitioner was an interested party who had indicated interest but was not selected as a candidate, adding that the petitioner’s allegations were unsubstantiated and substantially based on falsehood.
The NJC therefore, resolved that the Petitioner, who was a candidate for judicial appointment and intentionally peddled falsehoods against another aspiring Judicial Officer, will be barred from participation in any future exercise.
In a petition to probe the recruitment exercise for the appointment of six Federal High Court Judges in 2021 by Abdullahi Liman, the NJC noted that the petition violated Section 11 (1) of the Judicial Discipline Regulations which stipulated that a complaint must be filed within six months of the occurrence of the event or matter complained of, whereas the petitioner filed his complaints on the 22nd day of January, 2025.
The Council also resolved that a petition on the unconstitutional composition of the Oyo State Judicial Service Commission, written by Monday Adjeh was overtaken by events.
The NJC also accepted the voluntary retirement of Justice Babatunde Ahmed Ademola Bakre and approved the notification change of name of Hon. Justice I. A. Osayande to Hon. Justice I. A. Dika of the Edo State High Court.
The NJC resolved that henceforth, the names of candidates being considered for appointment as judicial officers to the Superior Courts of Records will be published for information and comments by the public.
“The primary objective of this initiative 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 NJC said.
