The Imo State House of Assembly has openly challenged the National Judicial Council (NJC) over the continued extension of the tenure of the state’s Acting Chief Judge, Justice Ijeoma Agugua, describing the move as unconstitutional and a threat to the rule of law.
The lawmakers voiced their concerns during Tuesday’s plenary, insisting that the appointment of a substantive Chief Judge must strictly follow the provisions of the 1999 Constitution (as amended). 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. Barr. Dominic Ezerioha.
During the debate, members argued that while the NJC has the constitutional responsibility of recommending judicial officers, it cannot bypass the legal process outlined for appointing a state’s Chief Judge. They warned that any action perceived as sidestepping constitutional provisions could weaken judicial independence, undermine the separation of powers and erode public confidence in the justice system.
Citing Section 271(5) of the Constitution, Ezerioha explained that the appointment of a Chief Judge requires the recommendation of the National Judicial Council to the governor, who must then forward the nominee to the State House of Assembly for screening and confirmation before a substantive appointment can be made.
The Assembly consequently called on the NJC to immediately forward the appropriate recommendation to Governor Hope Uzodimma for the appointment of a substantive Chief Judge. Lawmakers maintained that the nominee should thereafter be presented before the House for legislative screening and confirmation in line with constitutional requirements.
Speaking during the debate, Deputy Speaker Rt. Hon. Amara Iwuanyanwu criticised the repeated extensions of Justice Agugua’s acting appointment, describing the development as a violation of due process.
“The NJC have no right whatsoever to continue the extension of the tenure of the Acting Chief Judge. What they should do is to recommend to the governor for onward confirmation of the State Legislature. The continuous extension by the NJC is an insult to the citizens of Imo State and the entire nation. The tenure has been elongated more than two times, and this must be corrected,” he said.
Leader of the House, Rt. Hon. Kanayo Onyemaechi, also faulted the council’s actions, insisting that the legislature must be allowed to perform its constitutional role.
“Imo is not a banana republic. The NJC has repeatedly extended the Acting Chief Judge’s tenure twice, and now this. We are a duly constituted legislature, and we are here to exercise our constitutional functions. We are doing the right thing to ensure sanity and justice prevail,” Onyemaechi stated.
The Assembly reaffirmed its commitment to protecting constitutional democracy, judicial independence and the principle of checks and balances. Members urged all stakeholders in the justice sector to respect constitutional procedures, insisting that adherence to due process remains essential to strengthening public confidence in Nigeria’s democratic institutions.
