The River State Governor-elect,
Nyesom Wike, has debunked
speculations that the absence of a
substantive chief judge in the state
would stall his inauguration on
May 29.
Mr. Wike, who spoke through his
media aide, Simeon Nwakaudu,
blamed the All Progressives
Congress, APC, for creating an
impression that the state would
run into a constitutional crisis.
“There is no constitutional crisis
whatsoever. He is going to be
sworn on May 29. These are issues
being raised by the APC to confuse
people,” Mr. Nwakaudu said told
PREMIUM TIMES.
“There is an administrative judge
in Rivers State as we speak as
appointed by NJC. Even though
the outgoing governor pretends
not to recognise the
administrative judge, the judge is
still there. The administrative
judge can still perform the
function of the state chief judge.
“The Customary Court of Appeal in
Rivers State also has an
administrative judge that can also
perform the functions of the chief
judge.
“The constitution also talks about
any other judicial officer as
appointed by the NJC. The NJC can
as well do that on May 29, so there
is nothing to worry about.”
Mr. Nwakaudu insisted that the
absence of a chief judge does not
constitute a hindrance to the
swearing in of the new governor.
He argued that the chief judge of
any state in the country could be
invited to administer oaths on the
new governor and his deputy.
For instance, he said since Bayelsa
State does not have a swearing in
ceremony on May 29, the chief
from the state could be invited to
swear in Mr. Wike and his deputy.
The Rivers State judiciary has
been engulfed in protracted crisis of interest
which has stalled the appointment of a new
chief judge for the state after Justice Iche Ndu
retired in August 2013.
After Mr. Ndu retired, the Governor, Rotimi
Amaechi, and the National Judicial Council, NJC,
have been locked in a disagreement over who
should be appointed the state’s chief judge.
Following the provisions of Section 271 (4) of
the 1999 Constitution, Mr. Amaechi had
forwarded the name of the former President of
the Customary Court of Appeal, Justice Peter
Agumagu, to the NJC.
But the council refused to confirm Mr.
Agumagu’s appointment and instead preferred
Justice Daisy Okocha for the job.
The governor, however, insisted on his choice
on the ground that Mr. Agumagu is the most
senior High Court judge in the state.
While the controversy was raging, the NJC sent
Mrs. Okocha’s name for confirmation to the
National Assembly which had at the time taken
over the functions of the Rivers State House of
Assembly.
Irked by the action, Mr. Amaechi dragged the
council to the Federal High Court in Port
Harcourt and for the interpretation of Section
271 (3-5) of the constitution as regards the
appointment of chief judge of the state.
On March 18, 2014, Justice Lambo Akanbi
delivered judgment which showed that the NJC
erred by recommending Mrs. Okocha for
appointment to replace Justice Ndu.
Mr. Akanbi ruled that the NJC’s argument that
Mrs. Okocha is the oldest judge of the Rivers
State High Court and more qualified to be chief
judge of the state because Mr. Agumagu
belonged to a different arm of the judiciary, was
wrong.
Based on the ruling of the court, the state house
of assembly sat at Old Executive Council
Chambers of Government House for the
screening and confirmation of Mr. Agumagu as
the substantive chief judge of the state.
Mr. Agumagu was immediately sworn in by the
state governor in a move that angered the
former Chief Justice of Nigeria and then NJC
Chair, Justice Mariam Aloma Muktar.
The CJN immediately suspended Mr. Agumagu
from parading himself or acting in the capacity
of chief judge of Rivers State.
While Mr. Agumagu is still in court to challenge
his suspension by the CJN, Rivers State has
been robbed of a chief judge and the courts
have also been shut as a result of attacks by
unknown gunmen.
PREMIUM TIMES has learnt that for close to a
year now, the Customary Court of Appeal, the
High Courts and the Magistrate Courts in the
state have been on a lock down.
It was this situation that perhaps, prompted the
former Chairman of the Nigerian Bar
Association, O.C.J Okocha, to raise the alarm
over impending constitutional crisis in the
state.
Mr. Okocha, a Senior Advocate of Nigeria, SAN,
had argued that based on the provisions of the
1999 Constitution, only the state chief judge and
the president of the Customary Court of Appeal
or a Grand Khadi of the Sharia Court of Appeal
can administer oaths on a governor-elect.
But the situation in the state’s judiciary is
worrisome as High Courts, Magistrate Courts
and the Customary Court of Appeal have been
under lock down for months now.
The courts were forced to shut after unknown
gunmen bombed court rooms in Port Harcourt,
Ahoada, Degema and Okehi.

We mite as well not swear-in Buhari
Say no to "change"
Say yes to transformation

if all judges like let them die



rivers have decided