Okutepa Calls For Constitutional Reforms To Protect Appointment Of Chief Judges
By Sunday Etuka
A Senior Advocate of Nigeria, Jibrin Okutepa, has called for stronger constitutional safeguards to shield the appointment of Chief Judges and other heads of courts from executive influence, citing the prolonged wait of Justice Ijeoma Agugua, the most senior judge of the Imo State High Court, for a substantive appointment as Chief Judge.
Okutepa spoke days after the National Judicial Council directed the Imo State Judicial Service Commission to include Justice Agugua, who is also the Acting Chief Judge, among candidates for substantive appointment.
The directive, issued at the NJC’s meeting of 3 November 2026, followed a petition challenging her exclusion from the process.
He said the Imo experience shows why Nigeria must strengthen the constitutional safeguards governing the selection of court heads.
According to him, judicial independence is fundamental and non-negotiable for democratic stability and accountability in governance.
Okutepa, in a statement posted on his X handle on Thursday, warned that this independence is endangered when succession can be shaped by executive preference, prolonged uncertainty or the selective bypassing of senior judicial officers.
He insisted that court leadership should rest on seniority and integrity, backed by enforceable constitutional provisions.
Justice Agugua was appointed to the High Court bench in 1993 and first served as Acting Chief Judge in 2020. Okutepa noted that despite her seniority, she has remained without a substantive appointment through years of succession controversy, during which junior judges were preferred to her.
He said this was not because of any conduct unbecoming, but for reasons known only to those opposed to her.
He asked what protection long and honourable service offers a judge when succession remains open to political discretion.
In April 2025, the NJC publicly disclaimed approval for the appointment of Justice Theophilus Nnamdi Nzeukwu, whom it identified as fourth in the Imo High Court’s seniority hierarchy, as Acting Chief Judge.
The Council later directed compliance with the constitutional requirement to appoint the most senior judge, but the controversy persisted.
Okutepa welcomed the latest NJC intervention but said the recurring need to secure even her consideration shows that firmer constitutional protection is necessary.
He pointed out that Section 271(4) of the Constitution already requires the most senior High Court judge to act when the office of State Chief Judge is vacant or its holder cannot perform the functions. Section 271(1), which governs substantive appointment, has no equivalent express seniority requirement.
He proposed a constitutional amendment to close that gap and to create similar safeguards for other court heads.
The guiding principle, he said, should be that the most senior eligible judicial officer succeeds to the leadership of the relevant court, subject to established integrity. Any departure on grounds of corruption must follow an independent NJC investigation, a fair hearing and a reasoned, evidence-based finding.
Mere allegations, manufactured petitions or executive dissatisfaction, he said, must never suffice. Any constitutional disqualification or established incapacity should also be handled through a defined, fair process.
He further called for firm deadlines for recommendation, appointment and confirmation, with enforceable consequences for unjustified delay, and warned that repeated acting appointments must not be used to keep judicial leadership uncertain or dependent.
Okutepa said the Imo experience concerns the dignity and security of the entire Nigerian judiciary. A judge, he said, should never have to cultivate political favour to receive fair consideration for an office earned through service and integrity.
He maintained that seniority should govern succession, integrity should establish fitness and due process should govern every exception, adding that judicial leadership must never depend on executive pleasure.
