By Douglas Ogbankwa Esq.
The office of the Chief Judge is not a political prize. It is a constitutional office that guards the last hope of the common man. The selection of the Chief Judge of Imo State must therefore follow due process as provided by Section 271 of the Constitution of the Federal Republic of Nigeria 1999 as amended, and the Revised NJC Guidelines and Procedural Rules for the Appointment of Judicial Officers 2014.
Any deviation from this process is not just illegality. It is an assault on democracy.
The NJC must reject any attempt to circumvent established procedure, truncate the seniority principle, or impose a candidate through political pressure. Once judicial independence is compromised, the entire justice system collapses.
Judicial independence is the bedrock of democracy. Once the bench is compromised, justice dies.
The Constitution and NJC guidelines recognize seniority as the primary basis for elevation to Chief Judge. The most senior judge in line must be recommended, except where the NJC is presented with cogent, verifiable reasons against the candidate.The Candidate’s name however must be one of those submitted to the NJC for consideration . Those reasons must be disclosed, tested, and proven. Whisper campaigns and political blackmail cannot substitute for evidence. Seniority protects the judiciary from becoming an appendage of the executive.
Screening, security clearance, background checks, and recommendation must be thorough and transparent. The NJC must insist on full compliance. No shortcuts. No “acting” appointments stretched indefinitely to bypass scrutiny. The process must be seen to be fair by lawyers, litigants, and the public .
Section 6 of the Constitution vests judicial powers in the courts, not in Government House. The executive must not dictate who presides over the judiciary. Separation of powers must be sacrosanct. Any governor or political actor attempting to impose a candidate is asking Imo people to accept a court that takes orders from the executive. That is not a court. That is a department of government house .
The NJC is the last line of defense. It has a constitutional duty to protect the judiciary from capture. Imo people deserve a Chief Judge whose appointment is beyond reproach – a jurist of integrity, competence, and independence. Not one born of political horse-trading in back rooms.
The Bar must also rise to the occasion.Bar Associations in Imo State must rise above primordial instincts, personal interests, and fear. This is the moment to stand to be counted.
Chinedu Agu Esq. has been a lone voice crying in the wilderness. He has recently been a victim of state-sponsored prosecutions for speaking truth to power. Despite intimidation, he has remained unwavering in his stance to ensure justice. His sacrifice reminds us that the Bar cannot outsource its duty to one man.
Even more troubling: In the midst of NBA Branches in Imo State, the Imo State Government promulgated a law that assigned the duty of case assignment to the Chief Registrar of Imo State.
This is a precedent unknown to constitutional practice. Under Section 271(4), the Chief Judge is the head of the High Court and has administrative control, including assignment of cases. To transfer that power by legislation is to amend the Constitution through the back door.
The misconduct escalated when the Chief Registrar actually presented himself to assign cases in the presence of a Chief Judge. That act amounts to professional misconduct, usurpation of judicial function, and contempt of the constitutional order. If the NJC allows this to stand, then tomorrow the executive will assign judges to cases, and justice will be auctioned to the highest bidder.
Due process is not optional. It is constitutional. It is the difference between a court and a kangaroo panel. Between justice and power.
The NJC must act now. Reject any attempt to truncate seniority. Reject political imposition. Sanction the usurpation of case assignment powers.
Imo State, and Nigeria, deserve a judiciary that is independent, courageous, and free.
Ogbankwa Esq. is the convener, Vanguard for the Independence of the Judiciary.
The views expressed by contributors are strictly personal and not of Law & Society Magazine.
