Imo Assembly Condemns Continued Extension Of Acting Chief Judge’s Tenure

The Imo State House of Assembly has condemned the continued extension of the tenure of the Acting Chief Judge of the state, Justice Ijeoma Agugua, by the National Judicial Council (NJC), describing the practice as unconstitutional. The position of the Assembly 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. Dominic Ezerioha. The lawmakers argued that the continued extension of the acting appointment contravenes Section 271(5) of the 1999 Constitution (as amended), which regulates the appointment of acting chief judges. Presenting the motion, Ezerioha recalled that Section 271(4) empowers a state governor to appoint a Chief Judge on the recommendation of the NJC, subject to confirmation by the State House of Assembly. He explained that where the office becomes vacant or the Chief Judge is unable to perform the functions of the office, the governor may appoint the most senior judge of the High Court in an acting capacity pending the appointment of a substantive Chief Judge. According to him, Section 271(5) provides that an acting appointment shall cease to have effect after three months, except upon the recommendation of the NJC, and does not permit repeated extensions of such appointments. The Assembly expressed concern that Justice Agugua had remained in office in an acting capacity for an extended period, alleging that the NJC had continued to extend the appointment instead of recommending a substantive Chief Judge for appointment. The lawmakers maintained that the practice undermines the constitutional role of the governor in the appointment process and creates uncertainty in the administration of justice in the state. Following deliberations, the House unanimously resolved to condemn what it described as the continuous extension of the acting appointment by the NJC and called on the council to recommend a substantive Chief Judge for Imo State in line with the provisions of the Constitution. The Assembly reaffirmed its commitment to upholding the rule of law, the doctrine of separation of powers and the supremacy of the Constitution.  

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