By Princely Onyenwe | News Desk
The Imo State House of Assembly on Tuesday called on the National Judicial Council (NJC) to expedite the appointment of a substantive Chief Judge for Imo State, expressing concern over the continued extension of the acting appointment and urging strict compliance with the provisions of the 1999 Constitution of the Federal Republic of Nigeria.
The resolution followed a motion of urgent public importance sponsored by the Chairman of the House Committee on Judiciary and member representing Oru West State Constituency, Hon. Dominic Ezerioha, who argued that the prolonged acting appointment of the state’s Chief Judge raises constitutional concerns under Section 271(5) of the Constitution.
Presenting the motion, Ezerioha reminded the House that while Section 271(4) empowers the Governor to appoint a Chief Judge on the recommendation of the National Judicial Council, subject to confirmation by the State House of Assembly, Section 271(5) provides that an acting appointment shall cease to have effect after three months except upon the recommendation of the NJC, adding that the Constitution envisages the timely appointment of a substantive Chief Judge rather than a prolonged acting arrangement.
He expressed concern that rather than concluding the constitutional process by recommending a substantive Chief Judge to the Governor for transmission to the House for confirmation, the National Judicial Council has continued to extend the acting appointment, a development lawmakers said could create uncertainty in the administration of justice and undermine the constitutional roles assigned to the various arms of government.
Contributing to the debate, the Leader of the Imo State House of Assembly and member representing Owerri West State Constituency, Rt. Hon. Kanayo Onyemaechi, urged lawmakers to remain guided by constitutional provisions and established legislative procedures in considering the judicial nomination before the Assembly.
Onyemaechi maintained that the House should concentrate only on the fresh nomination formally transmitted to it for confirmation, stressing that revisiting issues relating to previous nominations whose processes had already lapsed would amount to departing from due process. He noted that once the validity of an appointment expires, the Assembly’s responsibility is to consider only the fresh nomination before it in accordance with the Constitution and the House Standing Orders.
According to the House Leader, the Assembly’s constitutional duty is to give consideration to the nomination properly before it while ensuring that every stage of the confirmation process complies with the Constitution, legislative rules and the principles of fairness, transparency and the rule of law. He emphasized that respect for due process is fundamental to preserving the integrity, independence and credibility of both the legislature and the judiciary, adding that lawmakers must resist distractions capable of derailing the constitutional process.
Following extensive deliberations, the House unanimously adopted the motion and resolved to call on the National Judicial Council to discontinue the continuous extension of the acting appointment and, without further delay, recommend a substantive Chief Judge of Imo State to Governor Hope Uzodinma for onward transmission to the Imo State House of Assembly for confirmation in accordance with the Constitution.
The Assembly also reaffirmed its commitment to upholding the rule of law, the doctrine of separation of powers and the supremacy of the Constitution, expressing confidence that the constitutional process would be concluded without unnecessary delay to provide Imo State with a substantive Chief Judge and further strengthen public confidence in the administration of justice.
With the resolution of the House, attention now shifts to the National Judicial Council to complete the constitutional process by recommending a substantive Chief Judge to Governor Hope Uzodinma for transmission to the Imo State House of Assembly for confirmation.
Until that process is concluded, Hon. Justice Ijeoma Agugua will continue to serve as Acting Chief Judge of Imo State, while residents, members of the legal profession and other stakeholders await the emergence of a substantive head of the state’s judiciary.
Several political and legal observers interviewed by 9News Nigeria Owerri believe the successful conclusion of the process will reinforce judicial independence, deepen constitutional governance and bring lasting stability to the administration of justice in Imo State. The House resolved to reconvene Plenary Wednesday.
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