As the May 29 handover date for chief executive officers of states across the federation draws nearer, the question of who will swear in the Rivers State governor-elect, Chief Nyesom Wike, and his deputy, Mrs. Ipalibo Harry-Banigo, has set tongues wagging in the state. Wike and Harry-Banigo of the Peoples Democratic Party (PDP) were declared winners of the April 11 governorship election in the state by the Independent National Electoral Commission (INEC).

As it is customary, the elected are supposed to be sworn in on May 29 but since August 2013 when Justice Iche Ndu retired from service, the state has been without a functional Chief Judge or anybody in acting capacity due to the face-off between Governor Chibuike Amaechi and the National Judicial Council (NJC). It equally does not have a President of the Customary Court of Appeal and anybody acting in such capacity.

While it is not clear who will swear in Wike and Banigo, what is very certain is that come May 29, the tenure of the incumbent Governor Amaechi would come to an end, making it imperative for the duo of Wike and Banigo to be sworn in on that day to avoid a vacuum.

It was based on the current lacuna in the state that the former President of the Nigerian Bar Association (NBA), Chief OCJ Okocha (SAN), last week expressed concern over who will swear in Wike come May 29. Okocha, who spoke on a radio interview monitored in Port Harcourt, said the constitution empowers only the Chief Judge of a state, the President of a Customary Court of Appeal or Grand Khadi of the Sharia Court of Appeal to administer oath of office on a governor-elect before he can legally perform the functions of a governor. He expressed fears that the state could be in for a constitutional crisis on May 29 if Amaechi does not appoint an acting Chief Judge.

“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.”

While Section 185 (1) of the Constitution states that “A person elected to the office of the governor of a state shall not begin to perform the functions of that office until he has declared his assets and liabilities as prescribed in this constitution and has subsequently taken and subscribed to the oath of allegiance and oath of office prescribed in the seventh schedule to this constitution,” Section 185 (1) states that: “The oath of allegiance and oath of office shall be administered by the chief judge of the state or Grand Kadi of the Sharia Court of Appeal of the state, if any, or President of the Customary Court of Appeal of the state, if any, or the person for the time respectively appointed to exercise the functions of any of those offices in any state.”

Many analysts feel that since the state does not have both in substantive or acting capacity, a chief judge or President of the Customary Court of Appeal or Grand Kadi of the Sharia Court of Appeal as the case may be, the only option left for Wike is to shop for the Chief Judge or President of the Customary Court of Appeal from the neigbouring Bayelsa State or Presidents of the Customary Court of Appeal in Abia or Akwa Ibom State.

Incidentally, since governorship election in Bayelsa State is yet due, the state chief judge would be available on May 29 to perform the function. In the case of Abia and Akwa Ibom States, while the Chief Judges would be busy on May 29, their Presidents of the Customary Court of Appeal would be free.

As the people of the state are anxious over the development, Wike who wears the shoes and knows where it pains is not. Last week, he debunked speculations that the absence of a substantive chief judge in the state would stall his inauguration on May 29. Speaking through his media aide, Simeon Nwakaudu, Wike blamed the All Progressives Congress (APC) for creating an impression that the state would run into a constitutional crisis.

Nwakaudu, who spoke with an online news platform, Premium Times, 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 judge from the state could be invited to swear in Wike and his deputy.

“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. 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.”

In his view, a Lagos-based lawyer, Dr. Joseph Nwobike (SAN), said since Wike has been elected governor and the tenure of Amaechi must come to an end on May 29, the governor and his deputy must be sworn in pursuant to Section 185 of the Constitution. He advised Wike to shop for a Chief Judge or President of the Customary Court of Appeal in the neigbouring states pursuant to Section 185 of the Constitution to perform the swearing-in ceremony.

Nwobike however advised against the use of administrative judge to perform the ceremony. He stated that since the constitution did not recognise an administrative judge in Section 185, it would be unconstitutional to allow the occupant of such position to perform the function.

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 between Amaechi and the National Judicial Council (NJC), after Justice Iche Ndu retired in August 2013.

Amaechi, sequel to the provisions of Section 271 (4) of the 1999 Constitution, 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 Justice Agumagu’s appointment and instead preferred Justice Daisy Okocha for the job. The governor, however, insisted on his choice on the grounds that Justice Agumagu is the most senior High Court judge in the state.

While the controversy raged, the NJC sent Justice Okocha’s name for confirmation to the National Assembly, which had at the time taken over the functions of the state House of Assembly. Irked by the action, 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 Justice Okocha for appointment to replace Justice Ndu. Justice Akanbi ruled that the NJC’s argument that Justice Okocha is the oldest judge of the Rivers State High Court and more qualified to be chief judge of the state because Justice Agumagu belonged to a different arm of the judiciary was wrong.

Based on the ruling of the court, the state House of Assembly screened and confirmed Justice Agumagu as the substantive chief judge of the state. He was immediately sworn in by the governor in a move that angered the former Chief Justice of Nigeria and then Chairman of the NJC, Justice Mariam Aloma Mukhtar.

The CJN immediately suspended Justice Agumagu from parading himself or acting in the capacity of chief judge of the state. Justice Agumagu is still in court challenging his suspension by the CJN.

The state government vehemently rejected the suspension of Justice Agumagu. It described the suspension as illegal and unconstitutional, insisting that Agumagu remains the substantive chief judge of the state. The state Attorney General and Commissioner for Justice, Worgu Boms, accused the NJC of constituting itself into a court.

According to him, “The position of NJC which is very unfortunate, gives equally unfortunate and misleading impression to the public that the appointment of the Hon Justice Agumagu as Chief Judge of Rivers State, occurred in nibubus (ie from the skies) and with no contribution of the NJC to it or that there is no history behind it.

“The Justice Agumagu, the NJC wants the world to believe, just woke up, walked to the state house and got appointed and sworn in as the Chief Judge. This impression is misleading, self-serving and diversionary.

“It is important to state from the outset that the NJC has always preferred the doctrine of the Most Senior Judge of the High Court, in the appointment of the Chief Judge of Rivers State and in particular, the Hon Justice Okocha, as its candidate for the position.

“In its single-minded pursuit of the actualisation of this doctrine and preference, it enunciated further the doctrine that only a Judge of the State High Court is qualified for consideration for the office and that the Justice Agumagu, then, President of the State’s Customary Court of Appeal, could not be allowed to cross over to become the State Chief Judge.”

While the exchange of words continued, Justice Mukhtar proceeded to appoint Justice Okocha as the Administrative Judge of the state, which again the state government rejected. To counter the appointment, the state House of Assembly quickly passed Rivers State High Court (Amendment) Law 2014 which Governor Amaechi immediately signed into law.

The law empowers the Chief Registrar of the state High Court to assign cases to any judge and perform other administrative duties until an acting Chief Judge or a Chief Judge is appointed. Since then, the state judiciary has been grounded with nobody to direct its affairs.

As if that was not enough, the state chapter of the PDP, penultimate week raised the alarm that it had uncovered plot by Amaechi and his party, the All Progressives Congress (APC) to stop Wike’s inauguration on May 29, using a high court in Awka, the Anambra State capital.

A statement issued by the Chairman, Media and Publicity Committee of PDP Campaign Organisation in the state, Emma Okah, said Amaechi and the APC were poised to getting an injunction from a friendly court in Awka to stop Wike’s inauguration.

According to Okah, the plot was to shop for and buy a judge outside Rivers State who will agree to do the dirty job since the judiciary in the state had been paralysed by the Amaechi administration. He, however, expressed optimism that Wike would be sworn-in as governor on May 29.

“The PDP further accused Governor Amaechi and the APC of leaving no stone unturned in planning to carry out the Governor's threat that he will not handover to Chief Wike. However, in the face of this provocation, the PDP urges the people of Rivers State to remain calm as their governor-elect will be sworn in on May 29, 2015 as ordained by God like his colleagues in other states,” Okah said.

Also last week, the transition committee set up by Wike, accused Amaechi of frustrating efforts at peaceful and smooth transfer of power in the state. The committee expressed disappointment that Amaechi had refused to set up a transition committee to interface with the one set up by Wike to ensure a seamless transfer of power on May 29.

Addressing journalists in Port Harcourt, the Secretary of Wike’s Transition Committee, Hon. Frank Owhor, said Amaechi was playing double-standards on the issue of transition. He wondered why Amaechi, who is serving in Buhari’s transition committee, would refuse to set up one in his own state.

“In the current democratic dispensation, the federal government led by President Goodluck Jonathan has already set up a transition committee. President-elect, Gen. Mohammed Buhari (rtd), has also set up his transition committee, which incidentally has Amaechi as a member. In many states in the country, especially those in which the PDP lost to the APC, transition committees have been set up by the respective out-going governments. Special mention must be made of Benue, Niger and Kaduna States.

“In recognition of the importance of transition committees in the peaceful and seamless handover of the reins of government from one administration to another, the out-going administration in Rivers State is expected to set up a transition committee made up of officials of the out-going government to interface with members of the in-coming administration’s transition committee.

“Unfortunately, the out-going government of Rivers State led by Amaechi has refused, failed and neglected to set up its transition committee. It is ironic and hypocritical and smacks of double standards that the out-going governor, who is a prominent member of the transition committee of the president-elect has rejected all entreaties for a peaceful transition in the state. This confirms the conflict and contradiction in the character of Amaechi.”

He said efforts of his committee to interface with the state government had been thwarted as letters dispatched to the state government by personal delivery and courier service had been rejected and returned. While urging the administration of Amaechi to act responsibly, Owhor said, “The lack of cooperation by the governor and officials of Rivers State Government is irresponsible and an embarrassment to the good people of Rivers State.

“A top ranking officer informed the transition committee that members of staff were under instruction not to receive any correspondence from the transition committee. Mails dispatched to the governor by electronic mail and also delivered to the secretary to state government are not even acknowledged,” he lamented, adding that “the out-going administration has a constitutional, legal, moral and social responsibility to ensure a smooth and orderly transition to the new government.”

But in his reaction, the state Chairman of the APC, Dr. Davies Ikanya, said it was not compulsory that Amaechi sets up a transition committee. In a text message on his behalf by his Special Adviser on Media, Chief Chukwuemeka Eze, Ikanya said: “Something is wrong with this PDP leadership and their quest for power. Is there any law that makes it compulsory that Governor Amaechi must set up a transition committee and if there is any such a law, is Governor Amaechi the only governor in Nigeria that has not set up a transition committee?

“To us, the present PDP leadership apart from being evil, deceitful is so engrossed for power that results to its present crying wolf when there is no issue. Wike and his group should wait till May 29 to decide on how they intend to carry their cross and stop disturbing the peace of the Rivers people and resolve on how they intend to come out from the mess they created for themselves.”

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if Ameachi or the Chief Judge of River State can not swear him in, he can call me.
i will swear him in. Mtchewwwww.

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T and C Applied .

The proposed swearing-in of the thug is now generating more controversy than the charade and fraud that foisted him on the people of Rivers state.

Well, neighbouring state chief judge can do that. But that is not a big matter.
What of the LGA Chairmanship and Councilorship elections that will be conducted in few days time!? Who will swear them in considering the fact that his party will definitely sweep all positions?
Maybe he will appoint a chief judge and allow him to do the swearing in few minutes to that time and dissolve them immediately after the act.!!