NJC Orders Imo Judicial Commission to Include Acting Chief Judge Agugua in Nomination List

The National Judicial Council (NJC) has directed the Imo State Judicial Service Commission to include the state’s acting Chief Judge, Justice Ijeoma Agugua, on the shortlist of candidates for appointment as substantive Chief Judge.

The directive followed a petition challenging her exclusion from the list of nominees submitted by the state judicial service commission.

In a statement issued on Wednesday, the NJC’s Deputy Director of Information, Kemi Babalola-Ogedengbe, said the decision was taken at the council’s 112th meeting held on November 3, 2026.

The meeting, chaired by the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, also considered disciplinary matters and recommended 28 candidates for various judicial appointments.

According to the statement, the council directed the Imo State Judicial Service Commission to include Agugua, described as the most senior judge of the state’s High Court and current acting Chief Judge, among the candidates being considered for the substantive position.

The NJC said the decision followed its consideration of a petition dated June 11, submitted by Bob Kay Njemanze, who challenged the omission of Agugua’s name from the shortlist.

Explaining its position, the council maintained that although the state judicial service commission has the constitutional responsibility to advise it on suitable candidates, the NJC retains the authority to determine the suitability of persons presented for appointment.

It consequently directed its secretariat to formally request the commission to add Agugua’s name to the shortlist.

The latest development comes amid a prolonged leadership dispute within the Imo State judiciary following the compulsory retirement of former Chief Judge, Justice T. E. Chukwuemeka Chikeka, in November 2024 over age falsification.

The controversy intensified when the state government appointed Justice Theophilus Nzeukwu, who was reportedly fourth in the hierarchy of High Court judges, as acting Chief Judge.

In April 2025, the NJC rejected Nzeukwu’s appointment, citing Section 271(4) of the Nigerian Constitution, which provides that the most senior judge of a state’s High Court should be appointed to perform the functions of the Chief Judge whenever the office becomes vacant.

The council also directed that Nzeukwu be issued a query for accepting the appointment. In June 2025, it recommended his compulsory retirement over his involvement in the controversial appointment.

The NJC subsequently directed Governor Hope Uzodimma to comply with the constitutional provision and swear in the most senior judge as acting Chief Judge.

Although the governor eventually agreed to comply, the state government continued to limit Agugua’s role to the acting position while the process for appointing a substantive Chief Judge remained contentious.

The NJC’s latest intervention seeks to ensure that Agugua is considered alongside other candidates for the substantive position. The council’s statement did not disclose the number or identities of the nominees initially submitted by the state judicial service commission.