‘Doctrine of Necessity will be adopted to
swear in next Rivers governor’

THE Nigeria Bar Association (NBA) has
said that the ‘Doctrine of Necessity’ will
be applied to swear-in the next
governor of Rivers State, if Governor
Chibuike Amaechi fails to appoint an
acting or substantive Chief Judge by
May 29 2015.
There has not been a substantive Chief
Judge of Rivers State since retirement
of Justice Ichechi Nwenenda Ndu, in
August, 2013.
Amaechi had brushed aside the
National Judicial Council (NJC)’s
recommendation of Justice Daisy
Okocha and gone ahead to appoint
Justice Peter Agumagu, then President
of the Customary Court of Appeal, who
has since been suspended by the NJC.
In another development, the Rivers
State Independent Electoral
Commission has announced that it will
conduct Local Government election on
May 23, 2015.
Concerned about the looming
constitutional crisis, the NBA Port
Harcourt branch chairman, Dennis
Okwakpam, told The Guardian that
despite the numerous legal issues
pending in court over the appointment
of a Chief Judge, the bar remains
confident that Amaechi would appoint a
new Chief Okwakpam however argued
that if the governor fails to appoint a
Chief Judge by May 29 to swear-in the
governor elect, Nyesom Wike of the
Peoples Democratic Party, legal experts
will resort to the doctrine of necessity to
avert a constitutional crisis.
“He, Amaechi, will do what he needs to
do between now and May 29. If he does
not, we have all kinds of options. If we
have to rely on Doctrine of Necessity,
we will. But there will be a governor
here in Rivers State come May 29th” he
said.
He explained that a Federal High Court
sitting in Port Harcourt has advised the
Rivers State Government and the NBA
which sued in over the closure of court
premises in the State since last year, to
expeditiously resolve the dispute.
Courts in Rivers State have been under
lock and key following the NJC’s
suspension of Justice Peter Agumagu
who was sworn-in as the Chief Judge
of the State in April 2014, by Amaechi.
The subsequent appointment of Justice
Okocha, as an administrative judge for
the state by the NJC, which was
rejected by the state government, forced
judiciary workers to embark on an
indefinite strike.
At present, there are over 2,655 inmates
awaiting trial at the Port Harcourt
prisons due to the closure of the courts.
The Chairman of the Commission,
Professor Augustine Ahiauzu, who
disclosed after several hours of close
door meeting by members of the
commission in Port Harcourt, explained
that election would take place in all the
20 local councils of the state, except
Ogba/Egbema/Ndoni .
He explained that the Commission
would be relying on the State
Independent Electoral Law No.2 of 2001
as amended and State Local
Government Law No.3 of 1999 as
amended, to conduct the election.
According to him, all political parties in
the state are eligible to sponsor
candidates for the local government
polls, provided that they completed and
submitted an expression of interest
form to participate in the election on or
before April 24.
The chairman refuted claims by some
groups that the commission failed to
give at least 90 days notice to all the
parties in the State. He explained that
the law requires that the commission
should give at least 21 days notice to
parties.
“The Law requires us to use 21 days to
conduct the election. We have more
days and we are within the law. Our
activities are law-based and we cannot
go outside the law,” he said.
A RSIEC commissioner who pleaded
anonymity disclosed to The Guardian
that the council election in the state had
been delayed because the commission
needed to obtain an updated voters
register from the Independent National
Electoral Commission. She revealed
that the State electoral body might use
the card readers for the polls as well.
The Guardian‘s efforts to get the
Commissioner for Justice, Worgu Boms’
reaction was futile as he did not
respond to enquiries.
A top Peoples Democratic Party
stalwart who would not want to be
mentioned told The Guardian that
Justice Okocha who the NJC appointed
as Administrative Judge will be
assigned to swear in Mr. Wike as
Governor and after the State House of
Assembly has been inaugurated, her
name will be formally presented for
confirmation as the Chief Judge.
But the Peoples Democratic Party (PDP)
, Rivers State chapter has described the
planned conduct of the Local
Government Council elections in 22
councils by the RSIEC as illegal,
provocative and a waste of resources.
The PDP chairman, though his media
aide, Jerry Needam said his party
rejects and dissociates itself from such
arrangement by the Amaechi-controlled
Rivers State Electoral body (RSIEC)
under Prof. Ahiazu, stating that
accepting to organize such illegitimate
and doubtful exercise at the 11thhour of
the termination of the APC-led
government in the State does not
present the Chairman and his
Commission as unbiased.
He said the Party believes that officials
off RSIEC are abreast with the
provisions of the Electoral Law and
guidelines, particularly as it relates to
the conduct of the Councils polls.
According to him, the party wishes to
bring to the attention of the commission
the section that stipulates 90 days
notice to the political parties before the
conduct of any election.
He said the anxiety, suspicion and
distrust which the rush to conduct
Council polls is generating since
yesterday shows that the state is not
ready for another gamble by the state
government.
“What the Governor ought to be doing
now is9 to constitute May 29 Transition
Committee and to ask for submission of
handover notes from his Aides and
Executive Council members as being
done at the centre by President
Jonathan. Our analysis of this
development points to the facts that
hurrying to conduct election before the
end of Gov Amaechi’s tenure (about
four weeks) is done simply to justify the
desires of the out going Governor,
including causing political crisis in the
State for the incoming Governor to
contend with” he said.
“We’re also aware that Governor
Amaechi has concluded plans to use his
rubber stamp members of the non
functioning House of Assembly to
amend the laws on conduct of LGA
elections mid way in the State to enable
him continue with the exercise having
realised the legal lacuna. This is
another way of destroying the fortune
and democratic system, as well as
perverting justice in the State by a
desperate Amaechi. The PDP therefore,
calls on Rivers people to ignore the
announcement by the Rivers State
Electoral Commission, calling for their
participation in the proposed election,
saying such action by Gov Amaechi is
in futility, waste of time and Rivers
money” He added.


http://www.ngrguardiannews.com/2015/04/doctrine-of-necessity-will-be-adopted-to-swear-in-next-rivers-governor/

Lobatan

Amaechi want to quickly do am

U don peme

Na wike go conduct am
Go and answer ur boss at abuja

Boy boy job calls

Okay.