There's a constitutional crisis imminent/looming in Rivers state. Who will swear in the Governor elect Nyesom Wike come May 29th 2015? Rivers state presently, have not got a chief Judge or President of customary court of appeal.These are the people ingrained constitutionally to perform such. This is a big question. Maybe, another doctrine of necessity on queue.

Lawyers lets' ponder and feast on this

The NJC backed chief judge Daisy Okocha should be sworn in ASAP

Don't you worry. He will be sworn ill just as Ambode would be and all the other governor elect. As rivers state is is how nigeria would be should apc behave like amaechi

ozoigbondu:
The NJC backed chief judge Daisy Okocha should be sworn in ASAP

Only a governor has such power to appoint a Chief Judge. NJC can only recommend.

Ublaize:

Only a governor has such power to appoint a Chief Judge. NJC can only recommend.

But the governor cannot unilaterally appoint a chief judge and daisy is the most senior legal personnel there

ozoigbondu:


But the governor cannot unilaterally appoint a chief judge and daisy is the most senior legal personnel there

A governor wld always want to protect is interest. The judicial problem is lingering in Rivers state cos OJC Okocha SAN. Daisy is a sister to him. He's also using his influence as a member of NJC

NB: the power to appoint is solely on the governor. Recommendation by NJC could be termed advisory. Not all recommendations are executed mind u

I will swear him in if no one is there.

Na...it doesn't have to be the Chief Judge of a state. The president of the customary court of appeal in the state can swear him in. Read about the swearing in of kogi state governor Capt Idris Wada who was hastily sworn in by the CCA president when the Chief Judge of the state was busy swearing in the Speaker of the state assembly as an Acting Governor on the advice of the Minister of Justice. The matter was taken to court but was struck out. Visit NWLR

soe:
Na...it doesn't have to be the Chief Judge of a state. The president of the customary court of appeal in the state can swear him in. Read about the swearing in of kogi state governor Capt Idris Wada who was hastily sworn in by the CCA president when the Chief Judge of the state was busy swearing in the Speaker of the state assembly as an Acting Governor on the advice of the Minister of Justice. The matter was taken to court but was struck out. Visit NWLR

Pls refer back to my post

Ublaize:

Pls refer back to my post

oh okay..you said they do not have a CCA president as well...well in that case..either the most senior judge of the high court or the most senoir judge of the CCA is expressly qualified to swear him in.

soe:
oh okay..you said they do not have a CCA president as well...well in that case..either the most senior judge of the high court or the most senoir judge of the CCA is expressly qualified to swear him in.

Nah, the constitution says only a chief judge or president of the customary court of appeal can and not the most senior judge of the high court/CCA.

The Ejusdem rule or mischief rule won't apply here

Even if the Chief Priest of Obelembe shrine in Rivers State swears Wike in, no problem. All I know is that he shall assume the governorship of Rivers State on May 29, 2015. Amaechi and his APC bumpkins should choke themselves to death with their discontentment for all I care.

Ublaize:

Nah, the constitution says only a chief judge or president of the customary court of appeal can and not the most senior judge of the high court/CCA.

The Ejusdem rule or mischief rule won't apply here

the same constitution also says the most senior judge can 'act' in the place of the chief judge if the latter is not available

apostle sulieman's prophesy'i see a man win governorship race but not allowed to govern' number 38

His fellow thugs

soe:
the same constitution also says the most senior judge can 'act' in the place of the chief judge if the latter is not available

There's no place it said the senior judge can swear in. Thiis explicitly clear. There's no ambiguity in that section
of the law.

Ublaize:

There's no place it said the senior judge can swear in. Thiis explicitly clear. There's no ambiguity in that section
of the law.

Swearing in is an 'act' hence the most senior judge can 'act' in the place of the chief judge if the latter is not available.

There will be no constitutional crisis my friend.

Demainman1:


Swearing in is an 'act' hence the most senior judge can 'act' in the place of the chief judge if the latter is not available.

There will be no constitutional crisis my friend.

swearing in a governor isnt just any ceremony. There's no place in the constitution where it stated a senior judge can swear in a governor. The provisions are clear. The capacity which a senior judge can actt is limited.

The capacity which a senior judge can act is limited by what or who? Is there anywhere the constitution states that the Acting Judge can not perform swearing-in ceremony?

E be like say you just want to argue. So if Jonathan sacks the CJ of Nigeria tomorrow, Buhari will not be sworn in?

Anyway, Wike will be sworn in. There is no constitution crisis

Demainman1:
The capacity which a senior judge can act is limited by what or who? Is there anywhere the constitution states that the Acting Judge can not perform swearing-in ceremony?

E be like say you just want to argue. So if Jonathan sacks the CJ of Nigeria tomorrow, Buhari will not be sworn in?

Anyway, Wike will be sworn in. There is no constitution crisis

Get your constitution and read.

Demainman1:
The capacity which a senior judge can act is limited by what or who? Is there anywhere the constitution states that the Acting Judge can not perform swearing-in ceremony?

E be like say you just want to argue. So if Jonathan sacks the CJ of Nigeria tomorrow, Buhari will not be sworn in?

Anyway, Wike will be sworn in. There is no constitution crisis

Get your constitution and read. Who appoint an acting judge? Na u abi?

Demainman1:
The capacity which a senior judge can act is limited by what or who? Is there anywhere the constitution states that the Acting Judge can not perform swearing-in ceremony?

E be like say you just want to argue. So if Jonathan sacks the CJ of Nigeria tomorrow, Buhari will not be sworn in?

Anyway, Wike will be sworn in. There is no constitution crisis

Get your constitution and read. Who appoints an acting judge? Na u abi?

Patience Jonathan should swear for him na! Abi no be she make am governor?

Mtscheeew!!

Ublaize:

There's no place it said the senior judge can swear in. Thiis explicitly clear. There's no ambiguity in that section
of the law.

dude...it says what the role of the CJ is. It also states who can perform the role of the CJ. Stop making issues out of nothing. Did the constitution state that the senate president can chair FEC meetings? Or appoint ministers? No! But that same constitution allows the senate president to act as president when there is a vaccuum in power.

Yes, Only the CJ can swear in a governor. And the same constitution tells us who is to act the role of a CJ - Either an appointed CJ, or the most senior judge in the court. The two go hand in hand and you cannot interprete one in isolation of the other. This is a simple matter

Ublaize:
swearing in a governor isnt just any ceremony. There's no place in the constitution where it stated a senior judge can swear in a governor. The provisions are clear. The capacity which a senior judge can actt is limited.

is limited to what? And where is your proof?

whats NJC's intrest in Rivers? The law says the NJC will only RECOMEND about three names to the governor for APPOINTMENT, and the names submitted to his excellency Peter Agumagu's name is there, and the governor has his constitutional right to choose within the options provided, and he chose Agumagu. Where does the issue of seniority comes in here? Or does the NJC have the powers to coerce or compel the governor to choose thier own intrest against the governor's intrest? Why did they submit three names? They shuld hv as well submited only Daisy Okocha's name since she's the most senior judge!

NB: a fedral high court in Port Harcourt once ruled that the NJC's choice of Daisy Okocha over Peter Agumagu is null and void; however Daisy Okocha had apeal this judgment which is still pending, undecided in the apeal court. So the lacuna is still there, no CJ in Rivers, no President of Customary court here. Using an illegitimate non existent CJ, or President of Customary court here will lead to another constitutional crisis in Rivers.

NB: NJC cannot RECOMEND & APPOINT THE CJ.

Dazzol!