By a memo dated June 6, 2026, the Imo State Judicial Service Commission (JSC) shortlisted four candidates for appointment to the office of the Chief Judge of Imo State. They also called for comments from members of the public, including the Nigerian Bar Association in Imo State. After deliberations that included reviews of all comments received from stakeholders, they shortlisted two candidates as suitable for further consideration: Honourable Justice C. A. Ononeze Madu and Honourable Justice E. O. Agada.
Comments on the Shortlist
Some comments have been made about these two candidates, including an interview and written personal opinions by Prince Bob Njemanze, Prof Chidi Anslem Odinkalu, and Chinedu Agu. Having read them carefully, one idea runs through them all: their personal preference for and defense of Honourable Justice I. O. Agugua, the Acting Chief Judge of Imo State, as their preferred candidate for the office.
As much as we are all entitled to our own preferences, it would be clearly wrong and unacceptable to engage in writings and public posturings that elevate personal idiosyncrasies above the law and constitution of the land. The constitution, the general good, and the future of our collectives must be the first consideration.
Review of Chinedu Agu's Opinion
I will review these opinions using Chinedu Agu's opinion titled "Imo Chief Judge shortlist: Suitability or burial of judicial independence?" because it contains almost all the issues raised by both Prince Bob Njemanze and Prof Chidi Anslem Odinkalu. This opinion was published in thenicheng.com.
Agu wrote: "Initially, in its communication to the Nigerian Bar Association, Owerri, the JSC invited comments on the suitability of four eminent Judicial officers, namely: Honourable Justice I. O. Agugua, the Acting Chief Judge, Honourable Justice C. A. Ononeze-Madu, Honourable Justice E. O. Agada, and Honourable Justice L. C. Azuama. After the commentaries from the NBA Owerri and other branches of the NBA in Imo State, the commission now presents only two names for comments of the members of the public."
The inescapable meaning is that the Imo State JSC, in the exercise of their constitutional duties, called for opinions and commentaries from stakeholders, including the relevant branches of the NBA. Not only did they call for these opinions, they also took them into consideration before arriving at their decision. By Agu's admission, the JSC's decision followed due process.
Furthermore, Agu admitted that the appointment of the substantive Chief Judge is constitutional, governed by paragraph 6, Part II(C) of the Third Schedule of the Constitution of Nigeria (as amended), which provides: "The JSC shall have power to advise the National Judicial Council on suitable persons for nomination to office of the Chief Judge of the state."
It is important to note that while appointment to the office of Acting Chief Judge is guided by seniority, that of a substantive Chief Judge is guided by suitability. The question becomes: why suitability? The answer is provided by Agu himself, citing JSC guidelines: "It is not enough that a candidate is preferred. It must be shown that the candidate is right for the office. It is not enough that the candidate is convenient. It must be shown that the candidate is appropriate for the burdens of judicial leadership."
He further cited the NJC guidelines and procedural rules for the appointment of judicial officers, which provide that the commission should not include in the provisional shortlist any person whose reputation in the locality is low or has been tarnished, or any judicial officer whose performance has been consistently rated low or unsatisfactory. The commission should have before it the completed NJC FORM A, comments received, any petitions and protests, and a DSS report on the suitability of the candidate.
Locality here should include the NBA, both in and outside of Owerri and Imo State, the many lawyers you know, the litigants, and many other stakeholders. Having shown that these are NJC requirements, I scanned Agu's article to see where he showed the fulfilment of these requirements, to no avail. In the present reality of not having access to any of the service records of Honourable Justice I. O. Agugua, it is safe to say that he spoke without seeing and reading these records, or he did but deliberately chose to act as if they do not matter.
My question for Chinedu Agu becomes compelling: If Honourable Justice I. O. Agugua is not your favorite Judge, why are you forcing her down the throat of the JSC, the NJC, the appointing Governor, and the litigating public under the thin argument of seniority? This is particularly so when, by your admission, seniority is not listed in paragraph 6, Part II as a requirement. Have you seen a copy of the records of Honourable Justice I. O. Agugua in the NJC or the JSC to be certain that she falls within the categorization you listed? Have you seen the opinion of previous Chief Judges of Imo State on her, including some Chief Justices of Nigeria? I challenge you to seek out these records before progressing with your grandstandings.
In conclusion, while comments on suitabilities of candidates for appointments are very important, such comments must be knowledge-based, based on respect for constitutional inviolability, and respect for time-tested guidelines. Pushing narratives of self-interests masquerading as public interest interventions is not in any way helpful.
Chris Ehumadu Okeke is a Senior Advocate of Nigeria (SAN).
