Imo State Judiciary Under Siege As Gov. Hope Uzodimma’s Appointment Process Excludes Most Senior and Acting Chief Judge, Justice Ijeoma O. Agugua

Secrets Reporters

The independence of the judiciary is one which is constitutionally protected in Nigeria, with Section 6 of the 1999 Constitution vesting judicial powers in the courts, while Section 17(2)(e) provides that the independence, impartiality and integrity of courts shall be secured and maintained.

 In relation to the appointment of a state chief judge, Section 271(1) requires the governor to act on the recommendation of the National Judicial Council, subject to confirmation by the state House of Assembly. The Constitution also protects the NJC from external control under Section 158(1), while Section 292 safeguards judicial officers from arbitrary removal. These provisions show that the appointment, discipline and removal of judicial officers are not meant to be controlled solely by political authorities. 

However, the independence and sacredness of the judiciary in Imo State have come under serious attack by the state Governor, Hope Uzodimma, as there is severe  controversy in the state judiciary over the decision of the State Judicial Service Commission to forward two names for consideration as substantive Chief Judge, excluding the Acting Chief Judge of the state, Justice Ijeoma O. Agugua.

The development has raised serious concerns within legal and judicial circles, with questions being asked over the manner in which the shortlist was produced, the criteria applied, and why the most senior judicial officer in the state was left out of the process.

The shortlist, reportedly produced last week by the Imo State Judicial Service Commission, contains the names of Justice Ononeze-Madu and Justice Eugene Agada. However, the commission did not publicly state when the process commenced, how applications or nominations were received, or the basis upon which the two names were selected.

Justice Ononeze-Madu became a judge in 2008, while Justice Agugua was appointed to the bench in 1993, making her far senior in judicial service. By that record, Justice Agugua is senior to the next judge after her by about 11 years.

The exclusion of the most senior judge and acting chief judge of Imo State raises questions about the nomination process for the position of chief judge of the state, despite her clean official record before the National Judicial Council.

Sources familiar with the development said the shortlist effectively leaves the commission with one viable candidate, given concerns around the condition of Justice Agada, who is said to be too infirm to be given the appointment. This, according to the sources, confirms suspicion that the process of the exercise was structured to achieve a predetermined outcome.

It is noteworthy to state that Justice Agugua has served as Acting Chief Judge of Imo State and has, over the years, been passed over for the substantive position more than once.

Her repeated exclusion has now become a major talking point in the state judiciary, especially as no proven disciplinary record has been placed against her before the NJC.

Sources privy to the case disclosed to this media house that political interests in Imo State are uncomfortable with Justice Agugua because of her reputation for independence.

According to the sources, the real issue is not competence or integrity, but whether the judiciary will be led by someone perceived to be independent or by a candidate considered easier for political actors to influence.