By Peter Uzoma
There are now serious discontention in the State among the Nigeria Bar Association(NBA) and the National Judicial Council(NJC) following the appointment of Justice Theophilus Nzeukwu as the Acting Chief Judge of the State.
Since the pronouncement of Hon Justice Theophilus Nzeukwu the Acting Chief Judge, both the State NBA and the NJC have not hidden their resentments and have since issued statements on the matter.
Trumpeta understands, that constitutionally section 271, subsection 4 stipulates that in the existence of a vacuum as regards the post of a Judge, the most senior Judge should be appointed on acting capacity pending when a substantive is gotten.
The NBA in its press release made it clear that its protest was not about the person of Justice Nzeukwu, whom it described as a fine man but wondered why he should be so appointed being the 4th in the State judicial hierarchy.
The NJC in a statement signed by its Deputy Director of Information, Kemi Ogedengbe declared that, “it is not a party to the process of the purported appointment of Hon Justice Theophilus Nzeukwu as the Acting Chief Judge.
The NJC however affirmed that although Governor Uzodinma had written it stating why the Judges senior to Nzeukwu were not fit to be appointed and requested approval, it however express discontent why the Governor should go ahead to appoint Justice Nzeukwu even as the Council was yet to meet on 29th and 30th April, 2025 for a deliberation.
Trumpeta investigation revealed that following the compulsory retirement of Justice Chikeka based on NJC recommendation, that Justice Oguguo, who is the most senior Judge (then and now) should have been appointed howbeit on acting capacity.
This Papers can confidently recall that years back Justice Oguguo, being the most senior Judge then and eminently qualified was dropped in preference to Justice Paschal Nnadi who served for complete six years. Though some Lawyers protested and went to Court but lost out on grounds of locus standi at the Apex Court.
Meanwhile, the State government through its spokesperson, Commissioner Emelumba has issued a statement concerning its choice of Justice Nzeukwu, saying it leveraged on the 1999 constitution as amended, but if feelers from the NBA is anything to go by the elasticity of these anomalies may get to a breaking point which may include backing out from sittings.
