A little over three months ago,
the erstwhile Chief Judge of
Rivers State retired from
office, and with that simple
action, the judiciary of the
state was launched into what
has become a mockery of the
Constitution of the Federal
Republic of Nigeria. Worse
still, this mockery of the CFRN
has been compounded by a
seeming conspiracy of silence
on the part of the National
Judicial Council (NJC), the
Nigerian Bar Association (NBA)
and the entire judiciary of
Rivers State.
Central to this issue is the
governor of Rivers State, Mr
Rotimi Amaechi, who has
demonstrated a willingness to
tackle any opposition to his
government at whatever
costs. While this attitude is
commendable in some
situations (especially when the
governor faces injustice from
the federal government), its
extension into the affairs of
the judiciary has resulted into
a gross constitutional violation,
and disregard for the rule of
law, which the Nigerian press
and the general public are
oblivious to.
Unfortunately, the major voice
that has raised concern over
this issue have been Mr
Amaechi’s opposition; leading
to a general disregard of the
alarms as the usual political
mudslinging. However, the
danger posed by the Rivers
State government to the CFRN
is real, and now is the time for
the rest of the country to sit
up and take notice.
The Nigerian constitution
guarantees three arms of
government at the federal and
state level: an executive, a
legislature and a judiciary, as
a system of checks and
balances to ensure that one
arm does not have a
stranglehold on the others. In
Rivers State today, there is,
effectively only one arm of
government. You may recall
that the National Assembly
disbanded the House of
Assembly of Rivers State
earlier in the year. With the
retirement of the head of the
state judiciary, the judiciary
was effectively suspended as
well, leaving the state in firm
control of the executive.
The Constitution, however,
does not permit a vacancy in
the office of the Chief Judge.
Accordingly, prior to the
retirement of the last CJ, the
NJC had recommended the
next person to head the
judiciary to the Governor of
the state, subject to
confirmation by the state
legislature, or in this case, the
national legislature.
However, Mr Amaechi, by
accident or by design, delayed
in submitting the name of the
recommended candidate to
the national legislature before
the retirement of the then
outgoing CJ. This delay by the
governor resulted in a vacancy
that prompted the necessity
of invoking s.271 (4) of the
constitution. The section
states simply that, in the case
of a vacancy, the most senior
judge of the “high court of the
state” should be appointed in
an acting capacity for a period
of three months after which
the appointment will cease to
have effect.
From the court records and
the courtroom rosters, the
most senior judge of the high
court at that critical point
happened to be the same
person recommended by the
NJC as the substantive CJ.
However, contrary to all
legitimate expectations, the
governor chose to interpret
that provision as the “most
senior judge in the state”
therefore allowing him to bring
in another judge from outside
the high court. We are allowed
to be generous and give the
governor the benefit of the
doubt on this point. However,
subsequent events indicate
that the governor acted in bad
faith.
After the swearing-in of the
acting CJ, the governor’s office
released a statement in which
the governor promised to
submit the name of the
recommended candidate to
the national assembly as soon
as the legislature was back in
session. The governor also
acknowledged the temporary
nature of the appointment.
This was over three months
ago. The national legislature
has long returned from recess,
but the governor has made no
moves to continue with the
constitutional process of
appointing a CJ for the state.
An omission that indicates
some ulterior factor on the
part of the governor.
According to the CFRN, the
appointment of the acting CJ
on Tuesday, August 20, 2013
ceased to have effect on
Wednesday, November 20,
2013. Constitutionally, the
governor should swear in the
next most senior judge of the
state in an acting capacity, or
appoint the substantive
person recommended by the
CJ. But that is, if the governor
of Rivers State considers
himself subject to the
constitution of Nigeria.
Apparently, this is not the
case, and Mr Amaechi is above
the fundamental law. As at
today, despite the expiration
of the tenure, the
controversial appointee of the
governor is still exercising the
powers of acting chief judge of
the state. The name of the
substantive appointee
recommended by the NJC has
not been forwarded to the
national assembly, and there
is no legislature in the state to
call the governor to order. In
short, Mr Amaechi now runs all
three arms of government in
Rivers State.
Whatever the politics of the
state, or of the governor may
be, the rule of law is
sacrosanct to a democracy.
This has nothing to do with the
PDP or the APC. It has nothing
to do with Mr Amaechi or Mr
Jonathan. It has to do with the
rule of law. And a disregard for
the rule of law should be
challenged, no matter where it
comes up, and no matter the
politics of the person involved.
What is more surprising,
however, is that the guardians
of the Nigerian legal system:
the NBA, especially the Port
Harcourt branch, and
ultimately, the entire
judiciary, represented by the
NJC have kept quiet about
these events.
Answers are required. Why is
there no substantive CJ in
Rivers State? Why is the
acting CJ of the state in office
beyond three months? Why
are the NBA and the NJC
complicit by their silence on
these events? Is the
Constitution of the Federal
Republic of Nigeria still
relevant? A fundamental
breach of the constitution is
no laughing matter. It is as
serious as a military coup. Yet,
the lawyers and the judiciary
are content to allow it pass.
This is no longer an issue
about Rivers State and its
politics. It is an issue that
concerns every right thinking
Nigerian. If the President, or
another governor, replicates
the events in the Rivers State
judiciary, then we are well on
our way to democratic chaos.
Now is the time for the NBA
and the NJC to safeguard the
constitution. Now is the time
for someone to do something.
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