By Emmanuel Chinwenwo Aguma, Esq.

I start with an unequivocal statement. The appointment of the President of the Rivers State Customary Court of Appeal as the acting Chief Judge of Rivers State is LEGALLY WRONG and UNCONSTITUTIONAL. I rely purely on the provisions of the Constitution of the Federal Republic of Nigeria 1999 (the 1999 Constitution) and case law to so contend.

Section 271(4) of the 1999 Constitution makes it absolutely clear that when the office of the Chief Judge is for any reason vacant as in this case where the incumbent Chief Judge of Rivers State has recently retired and the appointment of the substantive new Chief Judge has not been confirmed in consonance with theprovisions of section 271(1) of the said constitution, the Governor shall appoint the most senior Judge of the High Court as the acting Chief Judge.

The Governor of Rivers State, his Attorney General and his Chief of Staff have all contended that the appointment of the President of the Rivers State Customary Court of Appeal is in order because he is the most senior Judge of the Rivers State Judiciary having been appointed into the High Court Bench in “1990 or thereabout” (words of the Attorney General) before his “secondment” (word of the Attorney General) to the Customary Court of Appeal in 2008.

Brilliant argument, but totally misleading and unconvincing.

Had the Governor and his Chief of Staff been the only ones making this contention I would not have been bothered.

I am however intellectually pained and distressed that such a contention can also be made by the Honourable Attorney General of Rivers State who is the official leader of the Bar and is, in my opinion, a distinguished legal practitioner and a leader at the Port Harcourt Bar.

First, the words of section 271(4) of the 1999 Constitution are restrictive, clear and unequivocal. The appointment of the acting Chief Judge must be made, from the rank of Judges of the High Court. The President of the Customary Court of Appeal is not a Judge of the High Court but of the Customary Court of Appeal, which he heads as President. He therefore is not the most senior Judge of the High Court even if he is the most senior Judge in the Rivers State Judiciary (by date of appointment) which said Rivers State Judiciary comprises of the High Court of Rivers State, Rivers State Customary Court of Appeal, Magistrates’ Courts of Rivers State and Rivers State Customary Court.
Secondly, section 281(4) of the 1999 Constitution makes a similar provision with regard to the appointment of the acting President of the Customary Court of Appeal restricting it to the most senior Judge of the Customary Court of Appeal, which no Judge of the High Court is.

Read more:
http://saharareporters.com/article/greek-gift-emmanuel-chinwenwo-aguma-esq

amaechi is a very stubborn man who is unknowingly digging his grave. He claims to be democratic yet he's clearly acting against the law and flagrantly disregards the recommendation of justice daisy okorocha by the NJC as the chief judge in a bid to satisfy his political ambitions. He wants to politicize the judicial arm and later will start crying like a baby and expecting people to pity him. Hope he doesn't accuse GEJ and patience this time around as being the cause of any issue that may arise because of his biased decision.

ronalmagic10: amaechi is a very stubborn man who is unknowingly digging his grave. He claims to be democratic yet he's clearly acting against the law and flagrantly disregards the recommendation of justice daisy okorocha by the NJC as the chief judge in a bid to satisfy his political ambitions. He wants to politicize the judicial arm and later will start crying like a baby and expecting people to pity him. Hope he doesn't accuse GEJ and patience this time around as being the cause of any issue that may arise because of his biased decision.

The major worry for me on this issue is the deafening silence in the media. This further confirms that the media is already compromised

Watching and putting the media under close observation.

Insincere9ja, shut the Bleep up. Your party do not know constitution .

Sincere 9gerian:
The major worry for me on this issue is the deafening silence in the media. This further confirms that the media is already compromised

Stop being a hypocrite! you are also deafening silence on the happenings In Anambra state. I would have expected you to create a thread concerning the issue, but you seem to turn a blind eye!

wepu aja di gi n'anya tupu iwepu nke onye ozo. onye iru abuo!

NBA and all legal luminaries say the appointment is in line with the 1999 constitution. So what are you ranting about? Infact they paid a visit to the Acting CJ today to felicitate with him

You think all the media houses don't have judiciary correspondents who have captured the fact that Body of SANs aligned with the decision taken by Amaechi hence their decision not to be seen as rabble-rousers like some people

berem: Stop being a hypocrite! you are also deafening silence on the happenings In Anambra state. I would have expected you to create a thread concerning the issue, but you seem to turn a blind eye!

wepu aja di gi n'anya tupu iwepu nke onye ozo. onye iru abuo!

I've already commented on it severally. Maybe you'r expecting me to release an album on the matter

REHOZIBAH: NBA and all legal luminaries say the appointment is in line with the 1999 constitution. So what are you ranting about? Infact they paid a visit to the Acting CJ today to felicitate with him

You think all the media houses don't have judiciary correspondents who have captured the fact that Body of SANs aligned with the decision taken by Amaechi hence their decision not to be seen as rabble-rousers like some people

Whats my business with arrangee and cash-and-carry condolence visits. Cant you read the letters of the constitution?

Sincere 9gerian:
The major worry for me on this issue is the deafening silence in the media. This further confirms that the media is already compromised

we don't have media

Sincere 9gerian:
I've already commented on it severally. Maybe you'r expecting me to release an album on the matter

and remix

This same Ameachi that got sworn in as a governor for his first term over an election he never contested

Amaechi is wrong this time around.

Prof Corruption: Amaechi is wrong this time around.

Thanks Prof...can you see why people doubt his sincerity on why he wants CP Mbu removed

I thought these fools said Sahara Reporters are lairs?

Sincere 9gerian:
The major worry for me on this issue is the deafening silence in the media. This further confirms that the media is already compromised

Trust me, if you want this on all headlines tommorow, you'll get it. All you need is the bank acct number of key journalists.

Nigerians media is effed. The only reason I still papers is to see adverts.

Drexel Mars: I thought these fools said Sahara Reporters are lairs?

Can't you see this is an article written by a lawyer(his personal opinion)who only used Sahara as a medium and can possibly still use numerous other online mediums..

The fact remains most sahara news reports are Hogwash

Who should we believe and follow - the entirety of the Nigerian Bar Association and Justices who see this as right and in keeping with the dictates of the laws, OR E. C. Aguma (Esq) and sincere9gerian, avowed enemies of Amaechi (not because he isn't performing but because he isn't jumping to strings pulled from Aso Rock) who have decided that the NBA are arrangee (or is it cash and carry) while they are patriotic simply because they support one man against a nation!

Drexel Mars: I thought these fools said Sahara Reporters are lairs?

It seems you didn't read the write up. Its an article written by a third party. Besides the fact that it was published on SR, it has nothing to do with SR. There's even a disclaimer at the end of the article

awodman:
Thanks Prof...can you see why people doubt his sincerity on why he wants CP Mbu removed

Exactly. Amaechi wants to control EVERYTHING, legally or illegally

Sincere 9gerian:
Whats my business with arrangee and cash-and-carry condolence visits. Cant you read the letters of the constitution?

So, the entire NBA, the Media and the Court of Appeal is compromised by a single Governor against the incumbent President? Guy, go to Harvey Road in Yaba. They handle people with your symptoms there.

APPOINTMENT OF PRESIDENT OF CUSTOMARY COURT OF APPEAL AS ACTING CHIEF JUDGE OF RIVERS STATE: DESECRATION OF THE CONSTITUTION, NO MORE, NO LESS

Bamidele Aturu

The decision of the political powers that be in Rivers State to appoint the President of the Customary Court of Appeal as the Acting Chief Judge of the State does not rankle as much as the futile defence of the egregious desecration of clear constitutional provisions by learned gentlemen.The legal truth that admits of no sophistry is that section 271(4) of the Constitution clearly permits the Governor of Rivers State to appoint only the most senior judge of the High Court to act whenever the office of the Chief Judge is vacant or if the person holding the office is for any reason unable to perform the functions of the office. Pupils of nursery schools do not need help to see or know that unless you are a current judge of the High Court you cannot be made the Chief Judge of a State in Nigeria as the law stands today.

Justifying the illegal appointment of the President of the Customary Court of Appeal on the ground that he was originally appointed a high court judge almost borders on the irresponsible. Unless a person is on the nominal roll as a High Court judge he or she does not come within section 271 (4) of the Constitution and so cannot be appointed and if appointed the appointment in my view is null and void and with the greatest respect indefensible. To show the utter unsoundness of the arguments in support of the action in Rivers State, one should only call attention to section 281(4) of the Constitution that provides that the most senior Judge of the customary court of Appeal should be appointed to act for the President of the Court of Appeal in the event of vacancy. If the Constitution had intended that the most judicial officer be appointed as acting Chief Judge or Acting President of the Customary Court of Appeal in both cases it would simply have said so. Express mention of one thing is the exclusion of the others in law.

I expect the decision to be reversed immediately. It is an ill-wind. Those who like to present themselves as champions of the rule of law should avoid taking any step that would expose them as being convenient advocates of the rule of law. The Constitution has suffered enough in the hands of latter-day democrats.

True talk.

Sincere 9gerian:
Whats my business with arrangee and cash-and-carry condolence visits. Cant you read the letters of the constitution?

Take Amaechi to court instead of ranting.

This resident cry baby does not cease to amaze me.

If it is not Tinubu that is disturbing him, it is Amaechi.

You really think giving a bad name to these people will put GEJ in good light? You must be exceedingly drunk from Otuoke river.

If you suspect irregularities with Amaechi, take this matter to court.

Sincere 9gerian:
Exactly. Amaechi wants to control EVERYTHING, legally or illegally

Are you not the joker who thinks ASUU strike is politically motivated, I wonder how you sleep at night. Remember what I told you in March? In 2016, you will be using hypertension drugs while your boss gets his for free...in prison.

Sincere 9gerian:
I've already commented on it severally. Maybe you'r expecting me to release an album on the matter

*falls from Coconut tree*

Well, this is Nigeria..... anything can happen.

Time for Jonathan to CRY. . .
Now he feels it!
Glad he is reaping the LAWLESSNESS HE KEEPS SOWING!

Kamanda:

*falls from Coconut tree*

Hope you didn't sustain any injury? It is well

Amaechi can't do worst than GEJ? They are both confusionist. OBJ u see wat u have caused by letting dem loose.

@Prof Corruption.., I think Bamidele Aturu is the new Gani of our time. The guy does not send anybody. He criticises everything that deserves criticisms, irrespective of the actors. He has impressed me again by standing by the truth and speaking up (and timely too) on this rape of the constitution by Amaechi. But where is the voice of Prof Wole Soyinka, Femi Falana, and other brown-envelop activists?

Mr McJay: Are you not the joker who thinks ASUU strike is politically motivated, I wonder how you sleep at night. Remember what I told you in March? In 2016, you will be using hypertension drugs while your boss gets his for free...in prison.

LOOOOO OOOLLLLL