Rivers State Governor, Mr. Chibuike Amaechi, recently appointed the President of the state’s Customary Court of Appeal, Justice Peter Agumagu, as the acting chief judge against the recommendation of the National Judicial Council (NJC). The controversy the appointment generated is yet to abate, write Davidson Iriekpen and Nkiruka Okoh


For Governor Chibuike Rotimi Amaechi of Rivers State, there is no doubting the fact that he has more than enough political crisis to contend with at the moment. But he may have expanded the frontier by including the judiciary. The governor recently swore in President of the state’s Customary Court of Appeal, Justice Peter Agumagu as the acting Chief Judge of the state instead of Justice Daisy Okocha, whom the National Judicial Council (NJC) had recommended for the position.


The appointment of Agumagu came to many as a shock. This is in view of the argument that such an appointment ought to go to the most senior judge of the state High Court. Though constitutionally, the appointment of the chief judge of a state is the responsibility of the governor, this power cannot be complete without the approval of the NJC and subject to the confirmation by the state House of Assembly.


Thus, expectations were high that the person fit to be in acting capacity as the CJ since the state assembly is currently inactive, was the candidate recommended by the NJC. The NJC had met and recommended Okocha alongside other judges from other jurisdictions whose matters were brought for its consideration.

To that effect, a letter was written to Amaechi, communicating the decision of the NJC to enable him forward Okocha’s name to the assembly (now National Assembly) for ratification. But Amaechi looked outside the list and appointed Agumagu. The belief is that Amaechi is not comfortable with Justice Okocha and would rather Agumagu, relying on the powers conferred on him by the constitution.


Yet some persons were of the view that the governor's action was an affront to Section 271 (4) of the 1999 Constitution, which provides that: “If the office of the chief judge of a state is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office or until the person holding the office has resumed those functions, the governor of the state shall appoint the most senior judge of the high court to perform those functions.”
But in spite of the fact that Okocha is believed to fit into this constitutional description, Amaechi went the way of Agumagu, who according to him is the most qualified, having progressed from the High Court to become President of the Customary Court of Appeal.

It is common knowledge that in Nigeria, from the Supreme Court through the Court of Appeal to Federal and state High Courts, the appointments of who heads both the courts in particular and the judiciary in general are based on hierarchy. It is for this same reason that the NJC had in the past rejected nominees from state governors who had tried to break the rules and convention and compelled them to revert to status quo.


Although Amaechi has justified Agumagu’s appointment, saying he would merely hold office pending when the National Assembly approves the candidate recommended by the NJC as the substantive chief judge, it did not subdue the suspicion that greeted Okocha’s rejection.


Amaechi said: “Let me congratulate you on your appointment. I sat through the week with the Attorney-General to review the appointment and we looked at the constitution and the constitution says the most senior Judge of the High Court and we looked at your appointment as a Judge of the High Court and compared it to the rest of the judges in the state and realised that you are the most senior judge of the high court of Rivers State. We therefore took that decision to proceed with the appointment.


“I wish to congratulate you and say to you that you have an enormous assignment in these three months. We are proceeding with that while waiting for the resumption of the National Assembly and hoping that if they do approve the recommendation of the NJC, we will then proceed with that and we hope that within the three months you are acting, you will discharge your responsibility.”

In addition to this is the impression allegedly occasioned by politics of the state that Amaechi has not had it very smooth with the judiciary in recent times, the climax being the recent court ruling that nullified the Judicial Commission of Inquiring set up by the governor to look into the crisis that rocked the state assembly on July 10.


This had also included the side talks that the governor deliberately held back funds accruable to the judiciary for almost three months. But that assertion has also been dismissed by other inside sources who claimed that the governor has never held back funds meant for the judiciary aside being the highest paid judges in the country. The source however argued that the governor has only stopped giving the judges ‘vacation largesse’ which is completely out of their legitimate earning for alleged abuse.
Away from this, however, it is a known fact that under the Nigerian constitution, the state High Court is higher than the Customary Court of Appeal. These are two distinct courts with different judicial


personnel, administrative staff and spheres of jurisdiction. The methods of appointment of the judges of the two courts are also
different. The mode of appointment for a state High Court is governed by section 271 of the 1999 Constitution while that of a state
Customary Court of Appeal is governed by the provisions of section 281.

Also, the jurisdiction of the High Court is provided for by section 272 of the 1999 Constitution. The jurisdiction of the Customary Court of Appeal of a state is provided for by section 282 of the 1999 Constitution. Second, where a vacancy occurs in the office of the Chief Judge

of the state, section 271(4) of the 1999 Constitution provides that until a substantive appointment is made, the most senior Judge of the High Court shall be appointed to perform the functions of the Chief Judge in an acting capacity.


Third, Section 281(4) of the 1999 Constitution provides that where a vacancy occurs in the office of the President of the Customary Court of Appeal, the most senior judge of the Customary Court of Appeal shall act in the office until a substantive President of the Court of Appeal is appointed. It does not say most senior judge of the High Court.


It may be safe, therefore, to assume that for the position of acting Chief Judge of Rivers State, judges of the High Court and Customary Court of Appeal are not interchangeable.
Expectedly too, the development has continued to elicit divergent reactions. A group, Grassroots Development Initiatives (GDI) has called on Amaechi to resign for allegedly violating the constitution.


President of the group, Bright Ameawhule, at a press briefing in Port Harcourt, argued that Agumagu did not qualify for the office of acting chief judge of the state as he was not a judge of the High Court as specified by the 1999 Constitution.


“Justice Agumagu is not qualified, pursuant to section 271(4) of the 1999 Constitution, to be appointed as acting Chief Judge of Rivers State as he is not the most senior Judge of the High Court of the state. Governor Amaechi does not have the constitutional power (as much as he would wish he had) to appoint the Chief Judge of the state, be it in the substantive or acting capacity, outside the provision of section 271 of the Constitution. Amaechi and Boms have just done that,” he said.


But reacting, Chief of Staff to the governor, Chief Tony Okocha, said the governor acted within the law. “I should not be responding to people who lack knowledge of the law. When people are not aware, they make such ignorant comments and judgments.


“The governor has powers to appoint an Acting Chief Judge, even without recourse to the Assembly and such appointment is, according to law, bound to last three months. Besides, the governor is well aware of his rights and responsibilities; he’s not one of those who act with disregard for the law. Even while he was performing the swearing-in ceremony, he said that a substantive chief judge would be sworn in if the National Assembly approves the recommendation of the NJC at its resumption from recess.”
On his part, Mr. Fred Agbaje, a lawyer also thought Amaechi’s action was in order.


“I don't see anything bad in it. What is bad in it? You cannot become a President of a Customary Court of Appeal without first being a judge at the State High Court. It is then you are seconded to the Customary Court. Constitutionally, there is only one High Court judge. It is just for administrative convenience that we have some other judges at the State High Court. If you do otherwise, you will be denying the man his promotion.”


However, since other state governors did not succeed in their attempts to alter the succession arrangements in their states’ judiciary, it is not clear if Amaechi will also get away with his. The interesting thing is that the governor is said to have implored the disenchanted to seek a redress from the court. Perhaps, a competent court of jurisdiction would end this needless but reoccurrence in that all-important arm of government.

http://www.thisdaylive.com/articles/amaechi-stirs-a-hornet-s-nest/157676/

Rotimi AJI-AMU Amaechi is a.......



Wise Imbecille

Stale news....
I'm pretty sure u didn't do ur research else you would have known that Justtice Agumagu is the most senior high court Judge but on Secondment to the Customary Court of Appeal.
Moveova Ameachi is not the 1st Gov to take such an action but ofcourse u wouldn't know that.
Do a little reseach it won't hurt u ok

hardywaltz: Stale news....
I'm pretty sure u didn't do ur research else you would have known that Justtice Agumagu is the most senior high court Judge but on Secondment to the Customary Court of Appeal.
Moveova Ameachi is not the 1st Gov to take such an action but ofcourse u wouldn't know that.
Do a little reseach it won't hurt u ok

Please can you inform when Justice Agumagu graduated from University, called to Nigerian bar and bench?

hardywaltz: Stale news....
I'm pretty sure u didn't do ur research else you would have known that Justtice Agumagu is the most senior high court Judge but on Secondment to the Customary Court of Appeal.
Moveova Ameachi is not the 1st Gov to take such an action but ofcourse u wouldn't know that.
Do a little reseach it won't hurt u ok

PieceofAdvice: Keep that IGNORANT mouth of yours SHUT. Ok??

team fresh air where are thou
sincerenigerian d leader

taharqa: PieceofAdvice: Keep that IGNORANT mouth of yours SHUT. Ok??

ODE
Let me educate u a little:

HONORABLE JUSTICE P N C AGUMAGU IS NOT THE FIRST JUDGE TO GO ON SECONDMENT AND STILL MAINTAIN SENIORITY ... SEVERAL JUDGES HAVE DONE SO ..... THE FORMER CHAIRMAN OF THE ICPC EVEN WENT ON SECONDMENT TO AFRICAN COUNTRIES AND STILL RETURNED BACK TO RISE TRU THE RANKS FROM THE HIGH COURT WERE HE LEFT TO RETIRE AS A SUPREME COURT JUSTICE ... HERE IS A SNAP SHOT OF HIS BIODATA
....... JUSTICE EMMANUEL AYOOLA ... JSC (former chairman of ICPC)

In 1976 he was appointed a Judge of the High Court of Western Nigeria, and soon after a judge of the High Court of Oyo State.[2] He served as a Justice of the Court of Appeal of the Gambia (1980–1983) and was Chief Justice of the Gambia (1983–1992). He was Vice President of the World Judges Association in 1991. He was President of the Court of Appeals of Seychelles, and Justice of the Court of Appeal of Nigeria (1992–1998), Justice of the Supreme Court of Nigeria (1998–2003), retiring in October 2003 at the mandatory age of 70. He then became the Chairman of the National Human Rights Commission of Nigeria (2003–2005). He was Chairman of the Working Committee on Law Revision of the Laws of the Federation of Nigeria, 2000.

Justice Agumagu's appointment as Acting Chief Judge of Rivers State is in order. The Governor did not err in law. Section 271 of CFRN 1999(as amended) is very clear on the powers of the Governor to appoint the Chief Judge.
Agumagu was appointed a High Court Judge in the Rivers State Judiciary in 1990. He was on secondment from the High Court to the Customary Court of Appeal. He is the most senior judge in the Rivers State Judiciary.

ENOUGH OF PLAYING POLITICS WITH EVERYTHING ...

hardywaltz:
ODE
Let me educate u a little:

HONORABLE JUSTICE P N C AGUMAGU IS NOT THE FIRST JUDGE TO GO ON SECONDMENT AND STILL MAINTAIN SENIORITY ... SEVERAL JUDGES HAVE DONE SO ..... THE FORMER CHAIRMAN OF THE ICPC EVEN WENT ON SECONDMENT TO AFRICAN COUNTRIES AND STILL RETURNED BACK TO RISE TRU THE RANKS FROM THE HIGH COURT WERE HE LEFT TO RETIRE AS A SUPREME COURT JUSTICE ... HERE IS A SNAP SHOT OF HIS BIODATA
....... JUSTICE EMMANUEL AYOOLA ... JSC (former chairman of ICPC)

In 1976 he was appointed a Judge of the High Court of Western Nigeria, and soon after a judge of the High Court of Oyo State.[2] He served as a Justice of the Court of Appeal of the Gambia (1980–1983) and was Chief Justice of the Gambia (1983–1992). He was Vice President of the World Judges Association in 1991. He was President of the Court of Appeals of Seychelles, and Justice of the Court of Appeal of Nigeria (1992–1998), Justice of the Supreme Court of Nigeria (1998–2003), retiring in October 2003 at the mandatory age of 70. He then became the Chairman of the National Human Rights Commission of Nigeria (2003–2005). He was Chairman of the Working Committee on Law Revision of the Laws of the Federation of Nigeria, 2000.

Justice Agumagu's appointment as Acting Chief Judge of Rivers State is in order. The Governor did not err in law. Section 271 of CFRN 1999(as amended) is very clear on the powers of the Governor to appoint the Chief Judge.
Agumagu was appointed a High Court Judge in the Rivers State Judiciary in 1990. He was on secondment from the High Court to the Customary Court of Appeal. He is the most senior judge in the Rivers State Judiciary.

ENOUGH OF PLAYING POLITICS WITH EVERYTHING ...

You are such an IGNORAMUS. If you hv ever read d constitution, you wud hv known that there is a clear distinction bw d State High Court and its Customary Court of Appeal. Clear Distinction in terms of their structure, functions, and importantly, Mode of Appointment of its heads. There is NO WAY one judge can be 'Seconded' to head d other court and then come back again to head d other, esp where his office in d 1st is Substantive. Justice Agumagu is NOT a memba of d State High Court but of d Customary Court of Appeal; he cannot be both at the same time. The NJC (the highest body of d Judiciary, made up of d highest Judges in d country esp those of d Supreme) heard all these arguments previously and didn't waste time in writing to Gov Ameachi to swear in Justice Okocha as she is d Most Senior Judge in d State High Court as expressively stated by d Constitution. The Constitution, d NJC, d Rivers State Judicial Commission, and Common Sense hv Settle it. Honestly, to think otherwise is to dwell in meaningless Sophistry, spurning Nonsense in order to explain away an irrational Predetermined stance, as you are struggling to do here. PITY

taharqa: You are such an IGNORAMUS. If you hv ever read d constitution, you wud hv known that there is a clear distinction bw d State High Court and its Customary Court of Appeal. Clear Distinction in terms of their structure, functions, and importantly, Mode of Appointment of its heads. There is NO WAY one judge can be 'Seconded' to head d other court and then come back again to head d other, esp where his office in d 1st is Substantive. Justice Agumagu is NOT a memba of d State High Court but of d Customary Court of Appeal; he cannot be both at the same time. The NJC (the highest body of d Judiciary, made up of d highest Judges in d country esp those of d Supreme) heard all these arguments previously and didn't waste time in writing to Gov Ameachi to swear in Justice Okocha as she is d Most Senior Judge in d State High Court as expressively stated by d Constitution. The Constitution, d NJC, d Rivers State Judicial Commission, and Common Sense hv Settle it. Honestly, to think otherwise is to dwell in meaningless Sophistry, spurning Nonsense in order to explain away an irrational Predetermined stance, as you are struggling to do here. PITY

My dear all this one when u dey speak na big big grammar, the constitution is clear on how to appoint an 'acting' CJ and a substansive CJ. Ameachi has forwarded the name of Justice Okocha to the National Assembly (which is on recess) for approval but in the mean tym has appointed Justice Agumagu to act for 3months. Even the NBA has not faulted him so I wonder why u are crying more than the bereaved or are u related to Okocha?
PS: I think the current CJ in one of the western states was appointed in like manner. I know all ur guyz like to do is run ur mouth on NL.

hardywaltz:
ODE
Let me educate u a little:

HONORABLE JUSTICE P N C AGUMAGU IS NOT THE FIRST JUDGE TO GO ON SECONDMENT AND STILL MAINTAIN SENIORITY ... SEVERAL JUDGES HAVE DONE SO ..... THE FORMER CHAIRMAN OF THE ICPC EVEN WENT ON SECONDMENT TO AFRICAN COUNTRIES AND STILL RETURNED BACK TO RISE TRU THE RANKS FROM THE HIGH COURT WERE HE LEFT TO RETIRE AS A SUPREME COURT JUSTICE ... HERE IS A SNAP SHOT OF HIS BIODATA
....... JUSTICE EMMANUEL AYOOLA ... JSC (former chairman of ICPC)

In 1976 he was appointed a Judge of the High Court of Western Nigeria, and soon after a judge of the High Court of Oyo State.[2] He served as a Justice of the Court of Appeal of the Gambia (1980–1983) and was Chief Justice of the Gambia (1983–1992). He was Vice President of the World Judges Association in 1991. He was President of the Court of Appeals of Seychelles, and Justice of the Court of Appeal of Nigeria (1992–1998), Justice of the Supreme Court of Nigeria (1998–2003), retiring in October 2003 at the mandatory age of 70. He then became the Chairman of the National Human Rights Commission of Nigeria (2003–2005). He was Chairman of the Working Committee on Law Revision of the Laws of the Federation of Nigeria, 2000.

Justice Agumagu's appointment as Acting Chief Judge of Rivers State is in order. The Governor did not err in law. Section 271 of CFRN 1999(as amended) is very clear on the powers of the Governor to appoint the Chief Judge.
Agumagu was appointed a High Court Judge in the Rivers State Judiciary in 1990. He was on secondment from the High Court to the Customary Court of Appeal. He is the most senior judge in the Rivers State Judiciary.

ENOUGH OF PLAYING POLITICS WITH EVERYTHING ...

Bros, the part of credentials you posted above belongs to JUSTICE EMMANUEL AYOOLA who was Judge of the High Court of Western Nigeria and etc. I shall wait while you furnish the facts about P N Agumagu because the judiciary is hierarchically structured.

DerideGull:


Bros, the part of credentials you posted above belongs to JUSTICE EMMANUEL AYOOLA who was Judge of the High Court of Western Nigeria and etc. I shall wait while you furnish the facts about P N Agumagu because the judiciary is hierarchically structured.

Rivers State Governor, Mr.. Chibuike Rotimi Amaechi did not commit any legal blunder in appointing Hon. Justice PNC Agumagu as the Acting Chief Judge of the state and the appointment is in order, Attorney-General and Commissioner for Justice in Rivers State, Hon. Wogu Boms stated recenlty.
Hon. Boms explained that Governor Amaechi appointed Hon. Justice Agumagu as the State Acting Chief Judge since he is the most senior Judge in the state Judiciary.
He said Governor Amaechi followed legal procedure in appointing Hon. Justice Agumagu as the Acting Chief Judge to fill the vacuum that existed when the immediate past Chief Judge of the state, Hon. Justice Iche Ndu retired.
The State Attorney-General and Justice Commissioner stated this in an interview with a cross section of the media in Port Harcourt, the state capital.
He said: “Justice PNC Agumagu, the Acting Chief Judge is the oldest Judge(in terms of service) now in Rivers State. There is no judge older on appointment than he is and Justice Agumagu was appointed a High Court Judge, he was never appointed a Customary Court Judge. He was appointed a High Court Judge in 1990 (emphasis mine), if I am not mistaken.”
“I sit as a member of the state Judicial Service Commission, the papers there reveal that he was seconded to go and establish the Customary Court of Appeal and the law establishing the Customary Court of Appeal states clearly that the President of that court comes after the Chief Judge of the state so that whichever way you are going to look at it, he is the oldest Judge now in our Judiciary. So, however you look at it, whichever angle you look at it, Justice Agumagu is appointed as Acting Chief Judge by reason of these facts I have just told you”.
According to him, Hon. Justice Agumagu would remain as the state Acting Chief Judge until the National Assembly which has taken over the legislative functions of the Rivers State House of Assembly conclude deliberations on the recommendation by the National Judicial Commission on who should be appointed as the state Chief Judge.
“He (Hon. Justice Agumagu) is not the Chief Judge of the state, he is the Acting Chief Judge of the State. We in government, having found that he is the oldest Judge in the state, appointed him as Acting Chief Judge and there is nothing illegal or unconstitutional about it. You are aware that there was a recommendation by the National Judicial Commission as to who would be Chief Judge, the state government is processing that and we sent it to parliament which is the next step, so before that is done we appointed the most senior judge as Acting Chief Judge. That is all I have to say, I am not joining issue with anybody”.
He urged those commenting on the issue to “regardless of their political persuasion treat the Judiciary with some respect”, explaining that the law recognizes the Acting Chief Judge as the most senior Judge to be so appointed in the state. He urged politicians in the State to keep the judiciary away from their politics and never to drag the judiciary into their political fight for power.
“I have heard all sorts of comments on this appointment and they are mostly misleading, with no foundation in law. Some people just open their mouths to cast aspersions on the government…just for the sake of playing politics. Nobody should drag the judiciary into politics.”
http://orientnewspaper.com/attorney-general-defends-appointment-of-ag-chief-judge/

You can also check the Judiciary website for hierarchy as claimed by the AG Boms

http://www.riversjudiciary.com/high-court-customary-court-judge/

The Hon. Justice Daisy Wotube Okocha was born on the 15th day of January 1951 to Chief Jonathan Wobasi Okocha, Ryton Police College London trained Police Officer and a retired Deputy Commissioner of Police in the then Eastern Region of Nigeria and his wife Mrs. Helen Nonyelum Okocha (a Caterer).

She is from the Ikwerre Nationality of Obio/Akpor Local Government Area of Rivers State of Nigeria. A 1978 Law graduate with honours degree of the Ahmadu Bello University Zaria. She was called to the Nigerian Bar on 29th June 1979. She holds a Post Graduate Diploma (Theology) RCBC and is a devout Christian.

She joined the Rivers State Judiciary on 15th April 1981 as a Magistrate Grade one and was elevated ten (10) years after in December 1991 (emphasis mine) to a Judge of the High Court of Rivers State and to date is a currently serving Judge in the Port Harcourt Judicial Division. She is the Presiding Judge High Court one Port Harcourt. She is a mother of two, a son aged 24 years and a daughter aged 16 years.

http://www.riversjudiciary.com/judges/hon-justice-d-w-okocha/

The Nigeria Bar Association in Rivers State and the Body of Senior Advocates of Nigeria yesterday visited newly appointed Acting Chief Judge of the state, Justice Peter Agumagu, and expressed their support for him, saying his appointment was in accordance with the Constitution.

Agumagu’s appointment had sparked a controversy as the state chapter of the Peoples Democratic Party and some lawyers have questioned the rationale behind his choice as a replacement for the immediate past chief judge of the state, Justice Iche Ndu.

The two bodies hailed his appointment by the state Governor, Mr. Rotimi Amaechi and pleaded with him to sustain the healthy relationship they enjoyed with his predecessor, Justice Iche Ndu.

http://nigerianbulletin.com/threads/nba-backs-appointment-of-new-rivers-chief-justice.1225/#.UiHuHD_W9qY

hardywaltz:

Rivers State Governor, Mr.. Chibuike Rotimi Amaechi did not commit any legal blunder in appointing Hon. Justice PNC Agumagu as the Acting Chief Judge of the state and the appointment is in order, Attorney-General and Commissioner for Justice in Rivers State, Hon. Wogu Boms stated recenlty.
Hon. Boms explained that Governor Amaechi appointed Hon. Justice Agumagu as the State Acting Chief Judge since he is the most senior Judge in the state Judiciary.
He said Governor Amaechi followed legal procedure in appointing Hon. Justice Agumagu as the Acting Chief Judge to fill the vacuum that existed when the immediate past Chief Judge of the state, Hon. Justice Iche Ndu retired.
The State Attorney-General and Justice Commissioner stated this in an interview with a cross section of the media in Port Harcourt, the state capital.
He said: “Justice PNC Agumagu, the Acting Chief Judge is the oldest Judge(in terms of service) now in Rivers State. There is no judge older on appointment than he is and Justice Agumagu was appointed a High Court Judge, he was never appointed a Customary Court Judge. He was appointed a High Court Judge in 1990 (emphasis mine), if I am not mistaken.”
“I sit as a member of the state Judicial Service Commission, the papers there reveal that he was seconded to go and establish the Customary Court of Appeal and the law establishing the Customary Court of Appeal states clearly that the President of that court comes after the Chief Judge of the state so that whichever way you are going to look at it, he is the oldest Judge now in our Judiciary. So, however you look at it, whichever angle you look at it, Justice Agumagu is appointed as Acting Chief Judge by reason of these facts I have just told you”.
According to him, Hon. Justice Agumagu would remain as the state Acting Chief Judge until the National Assembly which has taken over the legislative functions of the Rivers State House of Assembly conclude deliberations on the recommendation by the National Judicial Commission on who should be appointed as the state Chief Judge.
“He (Hon. Justice Agumagu) is not the Chief Judge of the state, he is the Acting Chief Judge of the State. We in government, having found that he is the oldest Judge in the state, appointed him as Acting Chief Judge and there is nothing illegal or unconstitutional about it. You are aware that there was a recommendation by the National Judicial Commission as to who would be Chief Judge, the state government is processing that and we sent it to parliament which is the next step, so before that is done we appointed the most senior judge as Acting Chief Judge. That is all I have to say, I am not joining issue with anybody”.
He urged those commenting on the issue to “regardless of their political persuasion treat the Judiciary with some respect”, explaining that the law recognizes the Acting Chief Judge as the most senior Judge to be so appointed in the state. He urged politicians in the State to keep the judiciary away from their politics and never to drag the judiciary into their political fight for power.
“I have heard all sorts of comments on this appointment and they are mostly misleading, with no foundation in law. Some people just open their mouths to cast aspersions on the government…just for the sake of playing politics. Nobody should drag the judiciary into politics.”
http://orientnewspaper.com/attorney-general-defends-appointment-of-ag-chief-judge/

You can also check the Judiciary website for hierarchy as claimed by the AG Boms

http://www.riversjudiciary.com/high-court-customary-court-judge/

The Hon. Justice Daisy Wotube Okocha was born on the 15th day of January 1951 to Chief Jonathan Wobasi Okocha, Ryton Police College London trained Police Officer and a retired Deputy Commissioner of Police in the then Eastern Region of Nigeria and his wife Mrs. Helen Nonyelum Okocha (a Caterer).

She is from the Ikwerre Nationality of Obio/Akpor Local Government Area of Rivers State of Nigeria. A 1978 Law graduate with honours degree of the Ahmadu Bello University Zaria. She was called to the Nigerian Bar on 29th June 1979. She holds a Post Graduate Diploma (Theology) RCBC and is a devout Christian.

She joined the Rivers State Judiciary on 15th April 1981 as a Magistrate Grade one and was elevated ten (10) years after in December 1991 (emphasis mine) to a Judge of the High Court of Rivers State and to date is a currently serving Judge in the Port Harcourt Judicial Division. She is the Presiding Judge High Court one Port Harcourt. She is a mother of two, a son aged 24 years and a daughter aged 16 years.

http://www.riversjudiciary.com/judges/hon-justice-d-w-okocha/

The Nigeria Bar Association in Rivers State and the Body of Senior Advocates of Nigeria yesterday visited newly appointed Acting Chief Judge of the state, Justice Peter Agumagu, and expressed their support for him, saying his appointment was in accordance with the Constitution.

Agumagu’s appointment had sparked a controversy as the state chapter of the Peoples Democratic Party and some lawyers have questioned the rationale behind his choice as a replacement for the immediate past chief judge of the state, Justice Iche Ndu.

The two bodies hailed his appointment by the state Governor, Mr. Rotimi Amaechi and pleaded with him to sustain the healthy relationship they enjoyed with his predecessor, Justice Iche Ndu.

http://nigerianbulletin.com/threads/nba-backs-appointment-of-new-rivers-chief-justice.1225/#.UiHuHD_W9qY

I am beginning to think that Amaechi is a bloody fool. Nobody who tends to support PN Agumagu has the audacity to print the year PN Agumagu graduated from University, graduated from law school, called to Nigeria bar and bench. The biological age of a Judge does not determine seniority.

It is very shameful that the vital information about Justice Daisy Wotube Okocha has been published and none of Justice Peter N Agumagu has been presented. There are three vital points that determine seniority in judicial hierarchy, thus when graduated from law school, called to bar and bench.

Again, I am waiting patiently to be fed with the dates concerning PN Agumagu’s graduation from law school, called to Nigerian bar and bench.

DerideGull:


I am beginning to think that Amaechi is a bloody fool. Nobody who tends to support PN Agumagu has the audacity to print the year PN Agumagu graduated from University, graduated from law school, called to Nigeria bar and bench. The biological age of a Judge does not determine seniority.

It is very shameful that the vital information about Justice Daisy Wotube Okocha has been published and none of Justice Peter N Agumagu has been presented. There are three vital points that determine seniority in judicial hierarchy, thus when graduated from law school, called to bar and bench.

Again, I am waiting patiently to be fed with the dates concerning PN Agumagu’s graduation from law school, called to Nigerian bar and bench.

  But Atsuwete faulted the PDP’s stance, contending that appointments in the bar and the bench are procedural and the first point of procedure is seniority, hence the popular use of the word “Senior” in the legal profession.   According to him, the implication is that a junior lawyer/judge cannot be appointed to lead or preside over a senior.

   He explained: “Justice P. N. C. Agumagu was called to the bar in 1975 while Justice D. Okocha was called to the bar in 1979. Clearly, Justice Agumagu is senior to Justice Okocha with over three years. 

   “It is also factual and we beg to be contradicted that Justice Agumagu was duly appointed as a judge of the High Court of Rivers State in 1991 and he had successfully discharged the duties of a High Court Judge for well over 12 months before Justice Okocha was appointed a judge of the same High Court.”

   Bom agreed with this, saying: “Justice Agumagu is the oldest judge (in terms of service) now in Rivers State. There is no judge older on appointment than he is and he was appointed a High Court Judge, never a Customary Court Judge. I sit as a member of the state Judicial Service Commission, the papers there reveal that he was seconded to go and establish the Customary Court of Appeal and the law establishing the Customary Court of Appeal states clearly that the President of that court comes after the Chief Judge of the state. So whichever way you are going to look at it, he is the oldest judge now in our judiciary.

http://www.ngrguardiannews.com/national-news/130668-pdp-lawyers-ag-divided-over-acting-cj

Justice Agumaga is her senior in the bar (3years), was appointed before her to the high court (12 long months). He was seconded to the Customary Court of Appeal as President (I wonder if that automatically makes him loose his seniority in the high court) I have also shown a clear case where a judge went on secondment outside the country but still maintained his seniority.
The info I posted on Justice Okochais from the Rivers State Judiciary website which is yet to be updated.

And like I said it also had precedence.

www.nairaland.com/1110161/new-chief-judge-osun-state

This is my last post on this matter if u are not satisfied you can head to the courts their doors are always open. NBA and SANs have already given their nod.

hardywaltz:

  But Atsuwete faulted the PDP’s stance, contending that appointments in the bar and the bench are procedural and the first point of procedure is seniority, hence the popular use of the word “Senior” in the legal profession.   According to him, the implication is that a junior lawyer/judge cannot be appointed to lead or preside over a senior.

   He explained: “Justice P. N. C. Agumagu was called to the bar in 1975 while Justice D. Okocha was called to the bar in 1979. Clearly, Justice Agumagu is senior to Justice Okocha with over three years. 

   “It is also factual and we beg to be contradicted that Justice Agumagu was duly appointed as a judge of the High Court of Rivers State in 1991 and he had successfully discharged the duties of a High Court Judge for well over 12 months before Justice Okocha was appointed a judge of the same High Court.”

   Bom agreed with this, saying: “Justice Agumagu is the oldest judge (in terms of service) now in Rivers State. There is no judge older on appointment than he is and he was appointed a High Court Judge, never a Customary Court Judge. I sit as a member of the state Judicial Service Commission, the papers there reveal that he was seconded to go and establish the Customary Court of Appeal and the law establishing the Customary Court of Appeal states clearly that the President of that court comes after the Chief Judge of the state. So whichever way you are going to look at it, he is the oldest judge now in our judiciary.

http://www.ngrguardiannews.com/national-news/130668-pdp-lawyers-ag-divided-over-acting-cj

Justice Agumaga is her senior in the bar (3years), was appointed before her to the high court (12 long months). He was seconded to the Customary Court of Appeal as President (I wonder if that automatically makes him loose his seniority in the high court) I have also shown a clear case where a judge went on secondment outside the country but still maintained his seniority.
The info I posted on Justice Okochais from the Rivers State Judiciary website which is yet to be updated.

And like I said it also had precedence.

www.nairaland.com/1110161/new-chief-judge-osun-state

This is my last post on this matter if u are not satisfied you can head to the courts their doors are always open. NBA and SANs have already given their nod.

Bros, I salute you for the information. It is very clear PN Agumagu is senior to Okocha. According to the facts you presented in above post, it is noted that Agumagu had been called to the Nigerian bar when Okocha was still a student. It is real shame to notice that NJC waded into this saga on the side of politics instead of the rule of law.

Dende disgraced on this thread again

This old man has no shame

cKaiser: Dende disgraced on this thread again

This old man has no shame

You are an unfortunate setback on Nigeria. It is understandable that your formative years of scholarship left much to be desired. If the lapper in you had followed this thread, the lapper would have noted that I had only wanted to know the basic facts about seniority of the two justices in the picture.

Unlike a lazy buff such as you, I understood the cardinal rules involved in the judiciary hierarchy.

hardywaltz: Stale news....
I'm pretty sure u didn't do ur research else you would have known that Justtice Agumagu is the most senior high court Judge but on Secondment to the Customary Court of Appeal.
Moveova Ameachi is not the 1st Gov to take such an action but ofcourse u wouldn't know that.
Do a little reseach it won't hurt u ok

stop acting dumb. That is a newspaper article not a personal view.

DerideGull:


Bros, I salute you for the information. It is very clear PN Agumagu is senior to Okocha. According to the facts you presented in above post, it is noted that Agumagu had been called to the Nigerian bar when Okocha was still a student. It is real shame to notice that NJC waded into this saga on the side of politics instead of the rule of law.

Bros I salute ur maturity; one luv.

mbulela:
stop acting dumb. That is a newspaper article not a personal view.

No u are the dumb person for posting a newspaper article if u didn't concure with what was written on it.
Or did the newspaper author also give this thread the title.

hardywaltz:

No u are the dumb person for posting a newspaper article if u didn't concure with what was written on it.
Or did the newspaper author also give this thread the title.

stop being lazy,simply click the link there and stop asking silly questions.
You do not need to concur with an article for you to post it on this site. Stop talking crap. You have contributed to the debate elsewhere,that is all that is required and that was the primary essence of the thread.

Amaechi has pulled an ACE. . .OVER JONATHAN GOODLUCK!
HE HAS THE BACKING OF THE NORTH!!!!
You can't go wrong with the backing of the NORTH!

GEJ DON LOSE!!!!