Imo State Attorney-General Challenges NJC’s Authority Over Chief Judge Nomination

The Attorney-General and Commissioner for Justice in Imo State, Paul Obinatu, has raised concerns about the National Judicial Council’s (NJC) authority to influence the nomination of a Chief Judge for the state. He argues that the Imo State Judicial Service Commission has the constitutional right to choose its candidates independently.

Obinatu’s comments come after the NJC issued a directive during its meeting on November 3, which he believes oversteps its constitutional role. He emphasized that while the NJC can recommend a candidate to the governor, it cannot dictate who the state commission should nominate.

According to Obinatu, the 1999 Constitution protects the State Judicial Service Commission from outside interference. He stated, “The State Judicial Service Commission shall not be subject to the direction or control of any other authority or person in exercising its constitutionally assigned powers.” This means that the NJC’s influence should not override the commission’s responsibilities.

He also pointed out that the NJC cannot use its national status to control the state commission. The Attorney-General explained that the roles of the State Judicial Service Commission, the NJC, and the governor are clearly outlined in the Constitution. The commission identifies suitable candidates, the NJC reviews these names and recommends one to the governor, who then makes the final appointment.

Obinatu acknowledged that while the NJC can set guidelines for judicial appointments, these rules must align with constitutional limits. He stressed that the ongoing nomination process should follow the Constitution, ensuring that the NJC’s recommendation powers do not interfere with the commission’s independent selection process.