NJC intervenes in Imo CJ appointment controversy, directs Imo to reinstate Agugua

The National Judicial Council (NJC) has directed the Imo State Judicial Service Commission to include the name of the state’s acting chief judge, Ijeoma Agugua, in the shortlist of candidates for appointment as substantive chief judge.
The vacancy arose after the former chief judge, T. E. Chikeka, retired compulsorily in November 2024 over allegations of age falsification. His retirement sparked disagreements over who should fill the vacant position.
After Mr Chikeka’s retirement, T. N. Nzeukwu was appointed acting chief judge, despite being fourth in the state’s judicial hierarchy. This decision was rejected by the NJC based on non-compliance with Section 271(4) of the Nigerian Constitution, which requires the most senior judge of a state’s high court to perform the functions of the chief judge when the office is vacant.
In June 2025, the council recommended Mr Nzeukwu for compulsory retirement for accepting the position of acting chief judge and disregarding judicial hierarchy.
The council then directed Governor Hope Uzodimma to swear in the most senior judge as acting chief judge, resulting in Ms Agugua’s appointment.
Another disagreement resurfaced when Imo’s judicial commission submitted its shortlist of candidates for the substantive chief judge, omitting Ms Agugua’s name.
This controversy prompted a petition dated June 11, 2026, by Bob Njemanze, who challenged the commission’s exclusion of Ms Agugua from the shortlist.
The NJC statement did not explain why Ms Agugua was excluded from the original shortlist the commission submitted, even though she was the most senior judge of the Imo State High Court and the acting chief judge.
After considering the petition, the NJC, at its 112th meeting held on November 3, 2026, directed its secretariat to formally request that the commission include Ms Agugua in the shortlist of candidates recommended for appointment as chief judge.
The NJC noted that although the commission has the constitutional responsibility to advise the NJC on suitable candidates for chief judge appointment, the NJC retains the authority to determine the suitability of the candidates presented.
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