Theresa Chikeka: The Controversial Chief Judge of Imo State By Chidi Anselm Odinkalu

Theresa Chikeka’s tenure as Chief Judge of Imo State raises significant concerns regarding judicial integrity and adherence to the rule of law. The current Chief Justice of Nigeria (CJN) must recognize that her credibility is at stake if she fails to address the situation surrounding Chikeka, who has come under scrutiny for allegedly falsifying her age to remain in office beyond her legally permissible retirement age.

Originally, Francis Chukwuma Abosi, who served as a judge in Imo State, was expected to retire after seven years. However, he remained in the judiciary for 12 years before the National Judicial Council (NJC) intervened in April 2020. Despite initially stating he was born in November 1950, Abosi later altered his birth year to 1958, which allowed him to extend his judicial tenure unlawfully, effectively adding eight years to his service.

In parallel, Theresa Chikeka, appointed in the same year as Abosi, also appears to have manipulated her age. Born on October 27, 1956, she would have reached retirement age in 2021 but allegedly modified her birth year to 1958 around 2006, enabling her to extend her retirement eligibility to 2023. This adjustment would mean that, by 2023, she had still not met the required 15 years of service to retire with her full judicial pension.

On June 28, 2022, the Imo State House of Assembly confirmed Chikeka as Chief Judge, despite the fact that she was technically no longer a judge due to her failure to meet the retirement criteria. Furthermore, following a change in the retirement age for judges from 65 to 70 in 2023, Chikeka gained an additional five years of service, meaning she continues in a role that, by law, she should have vacated.

On June 14, 2024, allegations against Chikeka were brought forth by Comrade Ndubuisi Onyemaechi on behalf of the Civil Society Engagement Platform (CSEP), claiming that she unlawfully modified her age. This claim aligns with the Judicial Code of Conduct in Nigeria, which mandates that judicial officers uphold the law and maintain public confidence in the judiciary’s integrity.

The Imo State House of Assembly subsequently initiated an investigation into these allegations, but Chikeka refused to appear before the committee, stating that she would only respond to inquiries from a panel set up by the NJC. Following this, the House voted to remove her from her position as Chief Judge, but she promptly sought and obtained an ex-parte order from the Federal High Court in Owerri, preventing the Assembly from proceeding with its resolution.

As of now, the matter has escalated to the NJC, which is tasked with addressing the allegations against Chikeka. However, she claims that she cannot attend their panel due to the expired order from the Federal High Court, thus allowing her to remain in a role for which she may not be eligible.

Recently, CJN Kudirat Kekere-Ekun expressed concern about the judiciary’s credibility, indicating that it relies on the volume of judgments produced by judges. However, her credibility is compromised if she allows Chikeka to continue in office under these questionable circumstances.

Leadership in the judiciary necessitates that those in such positions are legally fit to serve. Theresa Chikeka has effectively ceased to be a judge since October 2021, and her continued role as Chief Judge of Imo State is a clear violation of the law. If the NJC does not take decisive action against her, it owes an apology to Francis Abosi and must reconsider its inaction in this matter.

It is imperative that Theresa Chikeka be relieved of her position.