Former President of the Nigerian Bar Association (NBA) and a Senior Advocate of Nigeria (SAN) OCJ Okocha has expressed concern over the absence of a Chief Judge who will swear in Rivers State Governor-elect Nyesom Wike.

Okocha said the constitution empowers only the Chief Judge of a State, the President of a Customary Court of Appeal and a Grand Khadi of a Sharia Court of Appeal to administer oath of office on a governor-elect before he can legally perform the functions of a governor.

Okocha, who spoke yesterday on a radio interview monitored in Port Harcourt, said Rivers State may be in for a constitutional crisis on May 29 if Governor Rotimi Amaechi does not appoint an acting Chief Judge.

He said: “Any of these three can administer the oath. For us, it is usual that it is the Chief Judge of Rivers State. We don’t have a Chief Judge, neither do we have an acting Chief Judge. We also do not have a President of the Customary Court of Appeal.

“If these things remain as they are now, there may be constitutional crisis. Right now that office is vacant so is the office of President of the Customary Court of Appeal of Rivers State and we are facing this looming, as you say, constitutional crisis.



“Well, I hope and believe that reason will prevail and the governor will see it fit to do what is needful to ensure he appoints the appropriate person as stipulated in the constitution as acting Chief Judge so that at least, we can have our new governor sworn-in by the acting Chief Judge so appointed,” Okocha said

Justice Lambo Akanbi of the Federal High Court, Port Harcourt last year ruled that the National Judicial Council (NJC) cannot force the governor to accept whoever it recommends to him for appointment as Chief Judge.

Justice Akanbi also said that the decision of the NJC to prefer Justice Daisy Okocha and disqualify Justice Peter Agumagu was wrong, null and void.

Dissatisfied with this decision, Justice Okocha approached the Court of Appeal to set aside the decision and till now, the matter is still undecided.
sOURCE http://thenationonlineng.net/new/okocha-expresses-fear-over-who-swears-in-wike/



My take is :The doctrine of necessity will take its full course here. It is also constitutional that Wike should be sworn in as the elected Governor Right !!! Would he be denied NO, its unconstitutional.