Former Chairman of the National Human Rights Commission, NHRC, Prof. Chidi Odinkalu, has cautioned against what he described as the growing politicisation of the office of the Chief Judge in Nigeria, referencing the ongoing controversy surrounding the appointment of a substantive Chief Judge for Imo State.
Citing India’s famous Kesavananda Bharati case, which triggered a constitutional crisis over judicial appointments in the 1970s, Odinkalu argued that adherence to the convention of seniority is essential to preserving judicial independence and insulating the process from political interference.
According to him, the convention of appointing the most senior judge as head of a court system evolved to ensure transparency, prevent partisan manipulation and protect judges from being denied elevation on the basis of unsubstantiated allegations.
He traced Nigeria’s judicial history, noting that although seniority became entrenched in the appointment of Chief Justices after 1979, political considerations had progressively eroded the authority and prestige of state chief judges.
Odinkalu recalled instances in which military and civilian administrations allegedly sought to influence judicial appointments, including the removal of former Anambra State Chief Judge, Emmanuel Araka, under the military regime and the prolonged vacancy in the office of the Rivers State Chief Judge during the administration of former governor Rotimi Amaechi.
On the situation in Imo State, Odinkalu noted that the state has been without a substantive Chief Judge for nearly 20 months following the removal of the last occupant of the office by the National Judicial Council (NJC) over age falsification in November 2024.
He recalled that the NJC in April 2025 rejected an attempt by Governor Hope Uzodinma to bypass the three most senior judges in the state in appointing an Acting Chief Judge and subsequently directed that the most senior judge, Justice Ijeoma Ogugua, be appointed in an acting capacity.
“Justice Ogugua, who was appointed to the High Court bench in 1993, had served for 33 years and had twice been overlooked for the office despite being senior to the next judge by 11 years.
“There is everything wrong with the decision of the Imo State Judicial Service Commission (JSC) to publish a shortlist of two judges for public comments without including the Acting Chief Judge. The commission lacks constitutional powers to recommend candidates and is only empowered to advise the NJC on suitable nominees.
“The omission appeared designed to exclude Justice Ogugua from consideration, and allegations of inducement and coercion had also trailed the exercise,” he noted.
Odinkalu further accused the Imo State Governor of branding the three most senior judges in the state as “not appointable” while failing to subject the allegations against them to formal investigation by the NJC.
He maintained that Justice Ogugua has no adverse disciplinary record with the council and urged the Chief Justice of Nigeria to uphold established judicial conventions and safeguard the independence of the judiciary.
