A high-stakes legal battle has erupted in Imo State as a legal practitioner and former Secretary of NBA Owerri, Chinedu Agu, Esq., has dragged the Governor of Imo State, the Attorney-General of Imo State, and the Imo State Judicial Service Commission (JSC) to court over what he describes as unconstitutional appointments into the JSC, citing its lack of a full complement of members.
In Suit No: HMI/49/2025: Chinedu Agu, Esq. Vs Governor of Imo State & 2 Others, filed at the High Court of Imo State today Tuesday 2nd April 2025, Agu is challenging the legality of the JSC’s composition, arguing that it violates Paragraph 5 of Part II of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended).
He is seeking the following reliefs:
A declaration that the appointment and inauguration of the Judicial Service Commission on 27th and 31st January 2025, respectively, without a Chief Judge and the full complement of members as required by the Constitution, is unconstitutional, null, and void.
A declaration that appointing three legal practitioners instead of two, and one non-legal practitioner instead of two, violates the Paragraph 5 of Part II of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended).
A declaration that the improperly constituted JSC lacks the legal authority to function.
An order setting aside the said appointments and inauguration.
An injunction restraining the JSC from performing any functions until it is properly constituted.
An Order of Mandamus directing the Governor to reconstitute the JSC in compliance with the Constitution.
Agu has asked the court to determine the following questions:
- Whether, having regard to the provisions of Paragraph 5 of Part II of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the appointment and inauguration of the Imo State Judicial Service Commission on 27th and 31st January 2025, respectively, without a Chief Judge and the full complement of members required by the Constitution, is not unconstitutional?
- Whether the appointment of three legal practitioners instead of two, and one non-legal practitioner instead of two, into the membership of the Imo State Judicial Service Commission, does not violate the provisions of Paragraph 5 of Part II of the Third Schedule of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)?
- If the answers to questions (a) and (b) above are in the affirmative, whether the Imo State Judicial Service Commission, as presently constituted, is not unconstitutional and therefore incompetent to discharge its constitutional functions.
He asserts that the Governor’s actions have compromised the integrity of the judiciary in Imo State.
In his affidavit, Agu reveals that at the time of the appointments, Imo State had no Chief Judge. By constitutional mandate, the Chief Judge is the statutory Chairman of the JSC, and his absence renders the appointments flawed.
Furthermore, the Plaintiff contends that an improperly constituted JSC could have dire consequences for the administration of justice in the state, including compromised judicial appointments, disciplinary actions, and potential infringements on due process.
His affidavit reads in part:
“That I am a practicing legal practitioner and Notary Public, duly called to the Nigerian Bar, and I have been in active legal practice in Imo State for thirteen (13) years and more.
“That I bring this application in my capacity as a legal practitioner, who by his calling has a legal duty to ensure the preservation and enforcement of our constitution, particularly as they relate to the proper functioning of the judiciary and the practice of my cherished profession in Imo State.
“That I also have a duty as a concerned citizen of Nigeria, former NBA Owerri Secretary, Bar leader, and particularly, a legal practitioner who plies his legal trade in Imo State, to bring this action.
“That on 27th January 2025, the Governor of Imo State, Senator Hope Uzodinma purported to have appointed into the Imo State Judicial Service Commission the following members:
- i) L.M. Alozie, SAN;
- ii) Eze Duruiheoma, SAN;
iii) Paul Obinatu, Esq.; and
- iv) Lady M.M. Anyanwu
“That on the 31st January 2025, the 1st Respondent allegedly swore them in at the Exco Chambers, Government House, Owerri, Imo State.
“That constitutionally, the Chief Judge of the State, the Honourable the Attorney-General/Commissioner for Justice, Imo State, and the President of the Customary Court of Appeal of Imo State, are statutory members of the Imo State Judicial Service Commission.
“That the Chief Judge of the State is the Chairman of the Imo State Judicial Service Commission, statutorily.
“That at the time of the said appointment and inauguration, there was no Chief Judge in Imo State, following the recommendation of compulsory retirement from office of the former Chief Judge of Imo State, Hon. Justice T.E. Chukwuemeka-Chikeka, by the National Judicial Council [NJC] on the 15th November 2024.
“That as a lawyer, I have read and understood the provisions of Paragraph 5 of Part II of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“That the said provision stated that the Judicial Service Commission [JSC] shall comprise of the Chief Judge of the State who shall be the Chairman; the Attorney-General of the State, the Grand Kadi of the Sharia Court of Appeal of the State [if any], the President of the Customary Court of Appeal of the State [if any]; two members, who are legal practitioners, and who have been qualified to practice as legal practitioners in Nigeria for not less than ten years; and two other persons, not being legal practitioners, who in the opinion of the Governor are of unquestionable integrity.
“That the JSC, as presently constituted, has no Chief Judge of the State who ought to be the Chairman, and has three legal practitioners instead of two, and one non-legal practitioner instead of two.
“That without a Chief Judge of the State, two legal practitioners [and not three], and one other non-legal practitioner [and not one alone], the Imo State Judicial Service Commission, as presently constituted, does not comply with Paragraph 5 of Part II of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and therefore unconstitutional.
“That the improper constitution of the Judicial Service Commission violates the principles of legality and due process.
“That as a practicing lawyer in Imo State, I am directly affected by the improper composition of the Judicial Service Commission because:
- The JSC plays a crucial role in the appointment, discipline, and regulation of judicial officers before whom I appear regularly in the course of my practice in the State.
- An improperly constituted JSC raises concerns about the integrity and effectiveness of the judiciary, which in turn affects my ability to obtain fair hearings and justice for my clients.
- A judicial commission that is not properly constituted may result in the appointment or discipline of judges in a manner that compromises judicial integrity and independence, thereby affecting legal practitioners and litigants.
- The failure to properly constitute the JSC could lead to unconstitutional decisions that impact my professional obligations and the administration of justice in Imo State.
“That if this Honourable Court does not intervene, the unconstitutionally constituted Judicial Service Commission may take actions that will affect the administration of justice in Imo State.
“That I also know that any action which violates the provisions of the 1999 Constitution is null and void.
“That I urge the Honourable Court to answer the questions for determination in the affirmative in granting the reliefs sought in this suit.”
This lawsuit is expected to generate widespread debate among legal practitioners and scholars, as it raises fundamental questions about executive overreach and constitutional compliance in Nigeria’s legal system.
Legal experts believe that this case could set a significant precedent, not just for Imo State but for judicial appointments across Nigeria.
As the Defendants prepare their defence, all eyes will be on the High Court of Imo State as it determines the constitutionality of the appointments and the future of the Imo State Judicial Service Commission.
Stay tuned for further updates on this developing story.