… Agugua’s Acting Capacity Expired June 13
… Government Yet TO Take Decision
Imo state appears to operate without both the acting chief judge or even the substantive chief judge of the state following the expiration of three months which justice Ijeoma Agugua was allotted to act as the acting chief judge of Imo State section 271(5) of the 1999 constitution.
Governor Hope Uzodinma had on march 13th 2020 appointed justice Agugua as the acting Chief Judge of Imo State given the retirement of justice Paschal Nnadi as the former Chief Judge of the State.
Although the appointment of Agugua as the acting chief judge was greeted with many petitions which as gathered by this paper are before the appropriate quarters.
One of the petitions against the appointment of the said Agugua as both acting Chief Judge and the substantive chief judge came from one Amadi and a citizen of Imo who petitioned both the state Government and Imo State judicial commission of failure to follow the due process in nominating Agugua as the acting Chief Judge of the state.
While this petition is still pending in the Abuja Court, the Attorney General of the state, Coc Akaolisa described both the petitioner among others as detractors who would not want the woman to succeed, According to Akaolisa who disclosed this in one of his recent press briefings made it clear that the appointment of Agugua followed the due process and urged petitioners to stay away.
However, the problem before the state Government is lacks of the constitutional powers to reappoint Agugua on the acting capacity having exhausted three months of acting which the law permits.
At the same time, the Governor cannot appoint Agugua substantive chief judge except on the recommendation of the National Judicial Council as contained in the section,,,,,,,,,,,,, of the 1999 constitution as amended.
Given the foregoing, therefore, it implies that in the face of the law, Imo now operates without a chief judge since Agugua’s acting capacity had expired on June 13th 2020.