RIGHTS GROUP DRAGS NJC, IMO GOV, JSC TO COURT OVER APPOINTMENTS

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Imminent Judicial Meltdown in Imo – NGO Drags Governor, NJC, JSC, CR, to Court Over “Unconstitutional” Appointments.

~ As Former NBA Secretary, Chinedu Agu, Esq. Leads Challenge; Withdraws Earlier Suits.~

The unfolding judicial crisis in Imo State has taken a dramatic turn as The Incorporated Trustees of Prisons Advocacy and Justice Initiative, a civil society organisation renowned for its rule of law campaigns, has instituted a landmark constitutional suit at the Federal High Court, Owerri Judicial Division, against some of the most powerful institutions in Imo State’s justice system.

The suit, marked FHC/OW/CS/44/2025, lists as defendants: the National Judicial Council (NJC), the Governor of Imo State, the Attorney-General of Imo State, the Imo State Judicial Service Commission (JSC), and Mrs. Nneoma Chika Ezerioha, who was recently installed as Chief Registrar of the Imo State High Court under contentious circumstances.

The legal firepower behind this suit is Chinedu Agu, Esq., a former Secretary of the Nigerian Bar Association (NBA) Owerri Branch, a public interest litigator and rights activist.

Mr. Agu is no stranger to judicial reform litigation. He recently withdrew a separate suit he had filed compelling the appointment of the most senior judge of the Imo State High Court as the substantive Chief Judge of Imo, stating that the matter had been overtaken by events.

But in this new constitutional onslaught, the Plaintiff is seeking wide-ranging declaratory and injunctive reliefs aimed at dismantling what it alleges to be a structurally defective Judicial Service Commission (JSC) and invalidating the actions and appointments arising from its proceedings, especially its controversial May 1st, 2025 meeting — which took place on a public holiday, on which day the former Chief Registrar of the Imo State High Court was removed, and a new one appointed.

The suit invites the court to resolve the following constitutional issues:

a. Whether the provisions of the 1999 Constitution (as amended) are binding on all persons and institutions, including the Defendants, within Nigeria.

b. If the answers to the above question is in the affirmative, whether the 4th Defendant can be constituted by the 2nd and 3rd Defendants, in utter violation of and/or contrary to the express stipulations of Clause 5 Paragraph C, Part II, Third Schedule of the Constitution.

c. Whether the 4th Defendant, as presently constituted by the 2nd and 3rd Defendants, can be said to be properly constituted for the purposes of carrying out her functions as contained under Clause 6 Paragraph C, Part II, of Third Schedule of the Constitution.

d. Whether the 4th Defendant, being not properly constituted as contemplated under Clause 5 Paragraph C, Part II, Third Schedule of the Constitution can purport to carry out the duties provided for under Clause 6 Paragraph C, Part II, of Third Schedule of the Constitution.

e. If the above questions are answered in the negative, whether this Honourable Court should not set aside all the actions, decisions, recommendations and/or resolutions purportedly made by the 4th Defendant since its improper composition, on the 27th January 2025,including but not limited to the purported removal of Mrs. Naomi Achunulo as the Chief Registrar of the High Court of Imo State and the subsequent purported appointment of the 5th Defendant as the Chief Registrar of the High Court of Imo State purportedly made on 1st May 2025, fro being illegal, unlawful, unconstitutional, null and of no effect.

In the Originating Summons, the Plaintiff prays the Honourable Court for the following declarations and orders:

1. A Declaration that the 4th Defendant (Imo State Judicial Service Commission) is not properly constituted in line with the 2nd and 3rd Columns of Paragraph C, Part II, Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended).

2. A Declaration that all actions taken by the 4th Defendant, including recommendations and appointments, are invalid, having been made by a body not properly constituted under the law.

3. An Order voiding and/or nullifying the purported resolution of the 4th Defendant made at the end of its meeting on the 1st May 2025 [A Public Holiday], which recommended the purported removal of Mrs. Naomi Achunulo as Chief Registrar of the High Court of Imo State.

5. An Order voiding and/or nullifying the resolution of the 4th defendant made at the end of its meeting held on the 1st day of May 2025 where-in the 5th Defendant was purportedly appointed as the Chief Registrar of the High Court of Imo State.

6. An Order voiding and/or nullifying all the actions, decisions and/or recommendations made by the 5th Defendant, including, but not limited to, the removal of the Probate Registrar, the Auditor, posting and reposting of Magistrates, pursuant to her purported appointment as the Chief Registrar of the High Court of Imo State on the 1st day of May 2025, among others.

According to a statement obtained by CITY LAWYER, “Should the court answer these questions in the Plaintiff’s favour, the implications are massive: it could lead to the vacation of the Chief Registrar’s seat, reversal of administrative actions taken in that capacity, and potentially the dissolution of the entire JSC structure in Imo State.

“This case is not merely a technical legal exercise. It touches on judicial independence, separation of powers, and the imperative of constitutional fidelity in a democratic state. Legal observers see it as part of a broader campaign to sanitize governance in Nigeria’s judiciary, especially at State levels where executive overreach often goes unchecked.

“With legal fireworks expected in the weeks ahead, the judiciary in Imo State braces for yet another test of its own legitimacy — and a possible reset of its institutional order.”

Case has been fixed for Wednesday 2nd July 2025.

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