Citing Section 202 of the 1999 Constitution, as amended, Obinatu said the State Judicial Service Commission was expressly protected from the direction or control of any other authority or person in the exercise of its constitutional functions
By Moses Okorie
The Imo State Attorney-General and Commissioner for Justice, Hon. Paul Obinatu, has accused the National Judicial Council (NJC) of overstepping its constitutional authority in the process of appointing a substantive Chief Judge for the state.
Obinatu argued that the NJC lacks the power to dictate to the Imo State Judicial Service Commission (JSC) the candidate whose name it should submit for consideration, insisting that the State Commission enjoys constitutionally guaranteed independence.
The Attorney-General stated this in a statement issued on November 6, 2026, in response to a directive reportedly issued by the NJC to the Imo State JSC at its 112th meeting held on November 3, 2026, concerning the appointment of a substantive Chief Judge.
He maintained that the NJC’s constitutional responsibility to recommend a candidate to the Governor does not empower it to control or substitute its preferred candidate for the independent assessment and recommendation process assigned to the State JSC.
Citing Section 202 of the 1999 Constitution, as amended, Obinatu said the State Judicial Service Commission was expressly protected from the direction or control of any other authority or person in the exercise of its constitutional functions.
He argued that the provision constituted a safeguard against external interference and could not be overridden by administrative directives or procedural guidelines issued by the NJC.
The Attorney-General also relied on Section 271(1) and relevant provisions of the Third Schedule to the Constitution, which define the respective responsibilities of the NJC and State Judicial Service Commission in appointing a substantive Chief Judge.
According to him, Paragraph 6(a) of Part II of the Third Schedule empowers the State JSC to advise the NJC on suitable candidates for nomination as Chief Judge.
Conversely, Paragraph 21(c) of Part I empowers the NJC to recommend to the Governor a candidate from among those submitted by the State Commission.
Section 271(1) further provides that the appointment is made by the Governor on the recommendation of the NJC, subject to confirmation by the State House of Assembly.
Obinatu said the constitutional provisions establish a clear process in which the State JSC identifies and submits suitable candidates, the NJC makes its recommendation to the Governor, while the Governor exercises the appointing authority subject to legislative confirmation.
He insisted that the NJC’s recommendation powers could not be interpreted as authority to dictate which candidate the State Commission must submit.
On the NJC’s Guidelines and Procedural Rules for the Appointment of Judicial Officers, the Attorney-General acknowledged the Council’s authority to prescribe and enforce appointment procedures.
However, he maintained that such guidelines could not confer powers beyond those granted by the Constitution or undermine the independent responsibilities of the State JSC.
To support his position, Obinatu cited several judicial decisions, including Elelu-Habeeb & Anor. v. Attorney-General of the Federation & Ors. (2012), Kano State Public Complaints and Anti-Corruption Commission & Anor. v. Salisu & Ors. (2019), and Bamisile v. National Judicial Council & Ors. (2012).
Others include FRN v. Nganjiwa (2022), NJC & Ors. v. Senlong & Ors. (2010), and Attorney-General of the Federation v. Attorney-General of Abia State & Ors. (2024).
He said the decisions reinforced the principle that every constitutional institution must exercise its powers within the limits prescribed by law, irrespective of its institutional status.
The Attorney-General stressed that the disagreement was not about institutional superiority between the NJC and the State JSC but about respecting the constitutional boundaries of their respective responsibilities.
He warned that allowing the NJC to assume functions assigned to the State Commission could undermine the integrity of the judicial appointment process and public confidence in the judiciary.
Obinatu therefore called for strict adherence to constitutional provisions in the ongoing appointment process, insisting that the NJC could recommend a candidate to the Governor but could not dictate the candidate to be submitted by the Imo State Judicial Service Commission.