Lawyers under the aegis of Lawyers for Civil Liberties have urged the National Judicial Council not to allow the appointment of a junior judge as acting chief judge of Imo State above other senior judges.
The lawyers told newsmen on Friday in Abuja that the appointment in Imo State was an aberration and against constitutional provisions.
They said it would, in the long run, impact negatively on the judiciary and the country’s democracy.
The lawyers spoke against the backdrop of the recent appointment of a judge who is fourth in line on the seniority ladder in Imo State as the acting CJ.
They said that allowing such would put judges at the mercy of politicians.
The National Coordinator of the Lawyers, Victor Opatola, who spoke their behalf, described the situation as disturbing and frightening.
Opatola further said it was alarming that such breaches do not only happen, but that they continue unchecked as though the constitutional provisions were mere inconveniences and not the supreme law.
According to him, Section 271(4) of the 1999 Constitution (as amended) was very clear on the issue of appointment of a chief judge.
He said: “It is a simple, clear rule, one meant to avoid confusion and ensure the impartial and independent continuity of the judiciary.
“The provisions of the constitution are not a matter of preference, it is not a discretion, it is a command.”
Opatola recalled that the Governor of Imo State, Senator Hope Uzodimna, was guided by the said section in 2020 when he appointed Justice Ijeoma Agugua as the Acting Chief Judge of the state.
He added: “She was the most senior judge at the time and that initial step respected both law and logic.
“When she was eventually removed, she was not succeeded by the next most senior judge, Justice C. A. Madu, but by Justice Theresa Chikeka, her junior.
“This was no oversight.
“It was deliberate and it violated both the constitution and the time-honoured protocol of seniority that anchors judicial stability.”
Opatola also recalled that the Action People’s Party had petitioned the National Judicial Council, adding that despite public outrage then, the NJC took no action.
He added: “Justice Chikeka served in that clouded position while under investigation for falsifying her age.
“When the NJC eventually recommended her removal, one might have hoped that constitutional order would return, but it did not.
“Instead, another junior, Justice T. N. Nzeukwu, was recently appointed Acting Chief Judge, once again over Justice Ijeoma Agugua.
“She was previously an Acting Chief Judge between 2020 and 2021.
“The NJC issued a disclaimer, the Nigerian Bar Association in Owerri protested, but still, the appointment stood.
“This is not the first time Nigeria has witnessed such an aberration.
“In Cross River, a similar violation occurred when Justice Akon Ikpeme, the most senior judge, was bypassed for appointment as Chief Judge due to her alleged ties to another state by marriage.
“A junior judge was appointed instead and the NJC responded firmly.
“It insisted on the proper application of the constitution, resisted political pressure, and eventually secured Justice Ikpeme’s confirmation.
“Same thing once happened in Kebbi, Gombe and Abia, where the NJC intervened and doubled down on doing the right thing.
“So why is Imo different?
“Why, despite repeated warnings and interventions, does the pattern persist?
“Why does the NJC hesitate to act heavily with the same resolve it showed in Cross River, Kebbi and others?
“These are not academic questions.
“Every breach chips away at the foundations of trust reposed in the judiciary.”
The lawyers argued that when junior judges accept appointments they know are not theirs to take, they do more than violate tradition, they undermine the very structure that legitimises their office.
Opatola said: “When the NJC fails to act, it sends a dangerous message: that the rules are bendable, that political convenience can trump the constitution, and that the judiciary is no longer guided by principle and law, but by influence.
“Right now, silence is not golden, NJC must not just frown in silence; it must speak.”
According to the lawyers, justice does not defend itself, it requires guardians and in this moment, the judiciary must prove that it is strong enough to resist those who would bend it.
The News Agency of Nigeria recalls that Governor Uzodinma, following the removal of the immediate past CJ, Justice Theresa Chikeka, appointed Justice T. N. Nzeukwu as Acting Chief Judge, against constitutional provisions.
Concerned about the development, the young lawyers called on the NJC, which is the body responsible for the appointment and disciplining of judicial officers, to step in and save the judiciary from the whims and caprices of politicians, especially state governors.
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