Imo assembly moves against NJC’s continuous extension of state acting chief judge

Imo State House of Assembly has codemned the decision of National Judicial Commission, NJC, over what it described as continuous extension of the appointment  of the acting Chief Judge of the State.

It alleged that the action violated the provisions  of section 271(5) of the 1999 Constitution of the Federal Republic of Nigeria as amended.

Adopting the motion moved by the Chairman, House Committee on Judiciary, also member representing Oru West Constituency, Dominic Ezerioha, the House called on NJC to immediately follow the constitutional procedure by recommending a substantive Chief Judge for appointment as stipulated by law.

Presenting the motion termed urgent of public importance on the floor of the House, Ezerioha recalled that Section 271(4) of the Constitution empowers the Governor of a State to appoint a Chief Judge on the recommendation by NJC, subject to confirmation by the State House of Assembly.

He  noted that where the office of the Chief Judge becomes vacant or the occupant is unable to perform the functions of the office, the Governor is constitutionally empowered to appoint the most senior Judge of the High Court in an acting capacity pending the appointment of a substantive Chief Judge.

According to the lawmaker, Section 271(5) of the Constitution clearly provides that an acting appointment shall cease to have effect after three months except upon the recommendation by NJC while also prohibiting the reappointment of any person whose acting appointment has lapsed.

The  Chairman House Committee on Judiciary observed that the Acting Chief Judge of the State has remained in office in an acting capacity for what he described as an unreasonably long period.

 He expressed concern that instead of forwarding the name of a substantive nominee to the Governor for transmission to the House for confirmation, the NJC has continued to unilaterally extend the appointment.

The lawmaker maintained that such continuous extension amounts to an usurpation of the constitutional role of the Governor and undermines the constitutional process for appointing a substantive Chief Judge.

The Oru West lawmaker, in the motion, expressed concern that the continued practice undermines the doctrine of separation of powers and creates uncertainty in the administration of justice in the State.

The members, while deliberating on the motion, condemned the continuous stay of the acting Chief Judge in office, insisting that the practice contravened Section 271(5) of the 1999 Constitution.

The House called on the NJC  to immediately discontinue the practice of extension of the  appointment of the Acting Chief Judge and  recommend a substantive Chief Judge.

It also urged NJC to forward name of a substantive Judge to the State  Governor for onward transmission to the House of Assembly for confirmation in accordance with the provisions of the Constitution.

The Speaker of the House, Chike Olemgbe, after the adoption of the motion,  reaffirmed the commitment of the State Assembly in upholding the rule of law in line with the doctrine of separation of powers as enshrined in the Constitution.

Imo assembly moves against NJC’s continuous extension of state acting chief judge