The directive followed the council’s rejection of her exclusion from the list of nominees submitted by the state judicial service commission for the appointment.
In a statement issued on Wednesday, the NJC said it had instructed the commission to include Justice Agugua, who is currently the most senior judge of the Imo State High Court, among the candidates being considered for the position.
The decision was taken at the council’s 112th meeting, held on 3 November and chaired by the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun.
According to the NJC, the directive followed its consideration of a petition dated 11 June, submitted by Bob Kay Njemanze, which challenged the exclusion of Justice Agugua from the shortlist.
The council maintained that although the State Judicial Service Commission has the constitutional responsibility to recommend suitable candidates for judicial appointments, the NJC retains the authority to determine the suitability of nominees presented to it.
It consequently directed its secretariat to formally request the Imo State Judicial Service Commission to add Justice Agugua’s name to the list of candidates for the substantive position.
The council’s statement did not disclose the number or identities of the candidates initially shortlisted by the state commission.
PROLONGED LEADERSHIP CRISIS IN IMO JUDICIARY
The latest development comes amid a prolonged dispute between the NJC and the Imo State Government over the leadership of the state’s judiciary.
The controversy began in November 2024, following the compulsory retirement of the then Chief Judge, Justice T. E. Chukwuemeka Chikeka, over allegations of age falsification.
Following his retirement, the state government appointed Justice Theophilus Nzeukwu, who was reportedly the fourth most senior judge in the state, as acting Chief Judge.
However, the NJC rejected the appointment in April 2025, citing a violation of Section 271(4) of the Nigerian Constitution, which requires the governor to appoint the most senior judge of the High Court to perform the functions of the Chief Judge whenever the office becomes vacant.
The council also directed that Justice Nzeukwu be issued a query for accepting the appointment despite the constitutional provisions and the established order of seniority.
In June 2025, the NJC recommended his compulsory retirement over his involvement in the controversial appointment.
The council subsequently directed Governor Hope Uzodimma to comply with the constitutional provision and swear in the most senior judge of the state, Justice Agugua.
Although the governor eventually agreed to comply with the directive, the state government reportedly maintained its position that Justice Agugua would only occupy the office in an acting capacity.
The controversy also attracted criticism from the Nigerian Bar Association, while the dispute over the appointment reportedly disrupted proceedings at the Imo State High Court for several months.
NJC REASSERTS AUTHORITY OVER JUDICIAL APPOINTMENTS
In its latest decision, the NJC reaffirmed its supervisory role in the appointment of judicial officers across Nigeria’s superior courts.
The council’s position is that the state judicial service commission cannot exclude a candidate from consideration without regard to the NJC’s constitutional authority to assess the suitability of nominees.
The Imo State judiciary has remained under scrutiny since the 2024 retirement of its former Chief Judge.
The NJC also previously recommended disciplinary action against nine judges of the Imo State High Court over allegations of age falsification, while absolving the President of the state’s Customary Court of Appeal, Justice V. U. Okorie, who chaired the commission involved in Justice Nzeukwu’s initial nomination.
The latest directive adds another chapter to the dispute over the leadership of the Imo judiciary, with the state judicial service commission now expected to include Justice Agugua among the candidates for the substantive Chief Judge position.
