A Federal High Court in Abuja, has been asked to order the National Judicial Council (NJC), to sanction the Chief Judge of Imo State, Justice Chukwuemeka Chikeka, for alleged judicial misconduct.

Also, the Court was asked to order the NJC not to give effect to any correspondence emanating from the office of the Chief Judge of the State.

A political party, Action Peoples Party (APP), in a suit filed before the Court, prayed the court for a restraining order against Justice Chikeka from further parading himself as the Chief Judge of Imo State.

The party, through its lawyer, Barrister Obed Agu, also wanted the Court to order Justice Chikeka, to return all the salaries and allowances he has collected for allegedly occupying the position illegally

Apart from the NJC and Justice Chikeka, others listed as defendants in the suit are the governor of Imo State and the State’s Attorney-General and Commissioner of Justice.

The plaintiff, in an affidavit in support of the originating summon, deposed to by Emmanuel Okereke, a litigation secretary in the law firm of Barrister Agu, said following the retirement of the then Chief Judge of Imo State in
2021, Governor Hope Uzodinma, appointed Justice I.O Agugua, as the Acting Chief Judge of Imo State in line with constitution of the Federal Republic of Nigeria.

He explained, ”Upon the completion of the statutory acting period of Justice I.O Agugua, the 1st defendant (Governor Uzodinma) jumped the 2nd most Senior Justice of Imo State High Court and appointed the 3rd defendant as the Acting Chief Judge of Imo State in violation of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

”That the 3rd defendant is fully aware that she was not the most Senior
Judge of the High Court of Imo State when she offered herself to be
sworn in as the Acting Chief Judge of Imo State in clear violation of the
Constitution of the Federal Republic of Nigeria.
”That the action of the 3rd defendant in offering herself to be sworn in
as the Acting Chief Judge of the Imo State High Court is contrary to
the Code of Conduct- for judicial officers which the 3rd defendant swore to uphold.

”That the action of the 3rd defendant is unbecoming of a judicial officer
and has lowered and desecrated the hallowed institution of justice.

”That I know as fact that the constitution provides that in case of
vacancy in the office of the Chief Judge of any High Court of Justice in Nigeria, that the Governor shall appoint the most Senior Judge of the
High Court in acting capacity pending the appointment of the substantive Chief Judge.”