Imo State Assembly challenges NJC over repeated acting Chief Judge extensions

The Imo State House of Assembly is demanding that the NJC stop extending the acting Chief Judge’s tenure, citing constitutional violations and a need for a substantive appointment.

The Imo State House of Assembly has formally criticized the National Judicial Commission (NJC) for its ongoing practice of extending the tenure of the state’s acting Chief Judge. Legislators argue that these extensions conflict with Section 271(5) of the 1999 Constitution of Nigeria.

Dominic Ezerioha, who chairs the House Committee on Judiciary, introduced the motion as a matter of urgent public importance. He noted that while the Constitution permits the Governor to appoint an acting Chief Judge when a vacancy exists, Section 271(5) restricts such appointments to a maximum of three months. He emphasized that the law specifically prohibits reappointing individuals after this period lapses.

Ezerioha claimed that the NJC’s unilateral decision to extend the acting status indefinitely ignores the constitutional requirement for recommending a substantive candidate for gubernatorial appointment and subsequent legislative confirmation. During the proceedings, members warned that this pattern threatens the separation of powers and complicates the local justice system.

Following the adoption of the motion, the Assembly demanded that the NJC stop the extensions immediately and submit a candidate for a permanent Chief Judge appointment. Speaker Chike Olemgbe reiterated that the House remains dedicated to upholding the rule of law and constitutional mandates.

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