Rivers State Attorney General and Commissioner for Justice, Prof Zacchaeus Adangor, has said that neither the National Judicial Council (NJC) nor the governor of a state is obligated to recommend or appoint the most senior Judge of the High Court as substantive Chief Judge of a State.

Adangor, who is also a Senior Advocate of Nigeria (SAN), made this assertion while reacting to a statement credited to a group, Concerned Lawyers in Rivers State led by Secretary of the Nigerian Bar Association, Port Harcourt branch, John Owubokiri, condemning the recommendation of Justice Simeon C. Amadi by the NJC to the Governor of Rivers State for appointment as substantive Chief Judge of the State upon the retirement of the current Chief Judge.

He argued that it was wrong for the Concerned Lawyers to rely on what they termed “Judicial tradition” to demand that the NJC should have recommended Justice Joy Akpughunum to the Governor of Rivers State as the next substantive Chief Judge based on seniority from amongst the serving Judges on the High Court Bench of Rivers State.



The Attorney General explained that his understanding of the law is that a rule of “judicial tradition” if one really exists, is only relevant where there is no applicable rule of substantive law governing the particular issue in question saying that the rule of judicial tradition cannot be relied upon to subvert or supplant an applicable rule of substantive law on any issue.

Citing Section 271(1),(2),(3) and (4) of the 1999 Constitution as amended, he said there are two separate schemes governing the appointment of Chief Judge of a State.

“It is clear from a literal construction of the said provisions that under Section 271(1) of the Constitution, read together with Sub-Sections (2) and (3) thereof, there is no prescription that the Governor shall appoint the most senior Judge of the High Court as the substantive Chief Judge of the State based on the recommendation of the NJC.

“In order words, neither the NJC nor the Governor is enjoined or obligated to recommend and or appoint the most senior Judge of the High Court as the substantive Chief Judge of the State. This leaves the NJC with discretionary power to recommend any Judge of the High Court of the State that is considered most suitable, to the Governor, for appointment as the substantive Chief Judge of the State.”


He acknowledged that with respect to the appointment of an acting Chief Judge of the State under Section 271(4), the Constitution explicitly states that the Governor shall appoint the” most senior Judge of the High Court” to perform the functions of that office.

“It is clear from the foregoing that the most senior Judge of the High Court of the State is entitled to be appointed by the Governor as the Acting Chief Judge but there is no such entitlement to the office of substantive Chief Judge of the State.

“To put it plainly, seniority of the judges on the High Court Bench is relevant only where the appointment of the Chief Judge of the State is in an acting capacity. Seniority has no relevance whatsoever where the appointment of the Chief Judge of the State is in a substantive capacity.”

Adangor maintained that if the framers of the 1999 Constitution had intended to make seniority a requirement for the appointment of the Chief Judge of the state in a substantive capacity, they would have stated so expressly.

According to him, a cardinal rule of interpretation of plain and unambiguous provisions of statutes including Section 271 of the Constitution as amended, is that where the words of a statute are plain and unambiguous, the court cannot in the exercise of its interpretative jurisdiction add or subtract from the provisions in order to make them conform to the judge’s own view of sound social policy.

“It is submitted that on the state of the law, the recommendation of Hon. Justice Simeon C. Amadi, J, by the NJC to the Governor of Rivers State for appointment as Chief Judge of Rivers State cannot be faulted.”

The Attorney General and Commissioner for Justice, advised the group to seek constitutional amendments of Section 271(1) of the 1999 constitution , instead of resorting to sentiments on a purely constitutional matter.


“For the avoidance of doubt, sentiments have no role in our constitutional jurisprudence
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Let me know now whether the NJC we have is useless.
Wike, have some shame at least and don't toe this path.

Send the 2, 3 or 4 names to the NJC....let the NJC do the picking. Haba!

MODIFIED;

Thank you NJC..

garfield1..I rest my case.

Wike of PDP is about to depart from well established tradition and setting a bad precedence for others to follow. I still remember very well how some of us shouted at the top of our voices in support of Onnoghen when the Buhari administration was foot dragging on sending his name to the senate as substantive CJN.

If Wike gets away with this, others will follow. NJC must be guided appropriately so as not to set a dangerous precedent.

.

The river AG and governor Wike are stupid with all these their lawlessness to violate the long held judicial traditional of the NJC in appointing the most senior judge as the state CJ.What is always wrong with all these so called useless leader when intoxicated by power?

seunmsg:
Wike of PDP is about to depart from well laid down tradition and setting a bad precedence for others to follow......

True! But dont be clever by half.Wike is about to set another bad example just as Gov.Ayade and Gombe governors attempt doing.VP Osinbajo did the needful by ensuring Justice Onneghen's name was forward & confirmed by the senate hence he was sworn in as the CJN.

However the president set this tyrannical process in motion when he alongside the cabal in his government orchestrated the removal of the former CJN without recourse to the NJC or its laid down procedure in order to installed the current invalid Sharia CJN.

Or why did you think Buhari foot dragged on the appointment of Onneghen? What about the case of the president of the court of appeal-Justice Monica Dongban-Mensem?

wike is copying buhari

Where is Reno Omokri and other PDP Hawks when you need them.

seunmsg:
Wike of PDP is about to depart from well established tradition and setting a bad precedence for others to follow. I still remember very well how some of us shouted at the top of our voices in support of Onnoghen when the Buhari administration was foot dragging on sending his name to the senate as substantive CJN.

If Wike gets away with this, others will follow. NJC must be guided appropriately so as not to set a dangerous precedent.

go back and read everything not the headline. Njc recommended the person to the governor.

It is unfair and unjust what Wicked Wike is doing to that woman. She is the most senior judge in Rivers State so she deserves to be the next chief judge. I understand that she has a clean record and a sterling career but just because she is from the Igbo speaking part of Rivers State, Wike has refused to let her take her rightful place. I pity Igbos who are supporting Wike, if only they knew how much he hates Igbos.

fergie001:
Let me know now whether the NJC we have is useless.
Wike, have some shame at least and don't toe this path.


Send the 2, 3 or 4 names to the NJC....let the NJC do the picking. Haba!

“It is submitted that on the state of the law, the recommendation of Hon. Justice Simeon C. Amadi, J, by the NJC to the Governor of Rivers State for appointment as Chief Judge of Rivers State cannot be faulted.”

AsomughaChuks02:
It is unfair and unjust what Wicked Wike is doing to that woman. She is the most senior judge in Rivers State so she deserves to be the next chief judge. I understand that she has a clean record and a sterling career but just because she is from the Igbo speaking part of Rivers State, Wike has refused to let her take her rightful place. I pity Igbos who are supporting Wike, if only they knew how much he hates Igbos.

“It is submitted that on the state of the law, the recommendation of Hon. Justice Simeon C. Amadi, J, by the NJC to the Governor of Rivers State for appointment as Chief Judge of Rivers State cannot be faulted.”

I wonder why you guys are blaming wike. Njc recommended the Said person and njc can't be bought or decieved. Something must be wrong with the woman for njc to sideline her. Njc can't recommend anyone without extensive investigation. Please forget the sentiment.

Saao:

“It is submitted that on the state of the law, the recommendation of Hon. Justice Simeon C. Amadi, J, by the NJC to the Governor of Rivers State for appointment as Chief Judge of Rivers State cannot be faulted.”

In Summary, the NJC is useless.


garfield1....I rest my case.

fergie001:

That is what the Professor said with an intention to deceive.

The practice is to allow the most senior Judge to hold interim for 3 months, while the RVJSC sends not more than 4 names to the NJC.

The NJC screens and recommends back to the Governor.

He knows what he is doing and it is wrong. Very wrong.

must we have acting chief judge? If you follow the trend very well, the rivers State government recommended 3 names to njc including the said Justice Joy then njc recommended Justice Amadi, how is that the fault of the governor? Njc can't be wrong as it made of most senior and respected judges including cjn.

Saao:
must we have acting chief judge? If you follow the trend very well, the rivers State government recommended 3 names to njc including the said Justice Joy then njc recommended Justice Amadi, how is that the fault of the governor? Njc can't be wrong as it made of most senior and respected judges including cjn.

I have edited accordingly...and we all know why the NJC cannot be wrong in the Rivers Judiciary.

fergie001:

In Summary, the NJC is useless.


garfield1....I rest my case.

don't said that, they are not. Njc is made of most senior judges in the country, including senior lawyers, and retired senior judges, they are not useless and they can't be bought by even buhari. Something must be wrong with the woman for them to sideline her

Saao:
don't said that, they are not. Njc is made of most senior judges in the country, including senior lawyers, and retired senior judges, they are not useless and they can't be bought by even buhari. Something must be wrong with the woman for them to sideline her

Don't go that path at allllll....

The NJC that screened Ikpeme who was accused of bribery on tape in Melaye tribunal case.

The NJC is still on another matter with Ilyasu in Gombe.

But the NJC now screened out Joy.

My bro, Saao...... Rivers get money o

fergie001:

I have edited accordingly...and we all know why the NJC cannot be wrong in the Rivers Judiciary.

bro njc cant be bought by even buhari. These men are the most respected judges including for cjn, for president of court of appeal, senior lawyers and head of courts in Nigeria, judges of supreme Court, cjn is the chairman. They are not useless, something must be wrong with the woman credential

Saao:

“It is submitted that on the state of the law, the recommendation of Hon. Justice Simeon C. Amadi, J, by the NJC to the Governor of Rivers State for appointment as Chief Judge of Rivers State cannot be faulted.”

This is shameless lie from Wike and his AG. The NJC always recommends the most senior judge in any state to become chief judge. It is their tradition. Wike wants to silence that woman because she is Igbo.

Wike is just a Fulani slave

Saao:
bro njc cant be bought by even buhari. These men are the most respected judges including for cjn, for president of court of appeal, senior lawyers and head of courts in Nigeria, judges of supreme Court, cjn is the chairman. They are not useless, something must be wrong with the woman credential

Which NJC can't be bought by Buhari? This Tanko's NJC, that the late Kyari use to teach Moral Instruction?

Where was the NJC when an Industrial Court decision superceded an Appeal Court's in the trial against Onnoghen?

We are waiting for the something wrong. Someone who has been there close to 25 years and with 2 years left...her credential now get comma?

The NJC should release the premeditated report they have.

The Ikpeme that was heard on tape collecting money from Melaye has nothing wrong on her abi?

AsomughaChuks02:
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This is shameless lie from Wike and his AG. The NJC always recommends the most senior judge in any state to become chief judge. It is their tradition. Wike wants to silence that woman because she is Igbo.

She is from Abua/Odual in Rivers West.

His preferred choice is from Emohua (Ikwerre)

seunmsg:
Wike of PDP is about to depart from well established tradition and setting a bad precedence for others to follow. I still remember very well how some of us shouted at the top of our voices in support of Onnoghen when the Buhari administration was foot dragging on sending his name to the senate as substantive CJN.

If Wike gets away with this, others will follow. NJC must be guided appropriately so as not to set a dangerous precedent.

how do you intend to guide NJC?

sevenhundred:
how do you intend to guide NJC?

By putting pressure on them to follow already established tradition.

fergie001:
Let me know now whether the NJC we have is useless.
Wike, have some shame at least and don't toe this path.

Send the 2, 3 or 4 names to the NJC....let the NJC do the picking. Haba!

MODIFIED;

Thank you NJC..

garfield1..I rest my case.

The njc has approved it

garfield1:



The njc has approved it

That's why I said I rest my case....Oh poor Ayade

fergie001:


Which NJC can't be bought by Buhari? This Tanko's NJC, that the late Kyari use to teach Moral Instruction?

Where was the NJC when an Industrial Court decision superceded an Appeal Court's in the trial against Onnoghen?

We are waiting for the something wrong. Someone who has been there close to 25 years and with 2 years left...her credential now get comma?

The NJC should release the premeditated report they have.

The Ikpeme that was heard on tape collecting money from Melaye has nothing wrong on her abi?



She is from Abua/Odual in Rivers West.

His preferred choice is from Emohua (Ikwerre)

No industrial court ever arrested the judgment of the appeal court in onnoghen case.it was the CCB that ordered his suspension and rightly so.what should the njc have done when hlthey gave him enough time to defend himself before the njc and he refused?

I agree that justice ikpeme was actually guilty.

Whose credentials were missing?

fergie001:

That's why I said I rest my case....Oh poor Ayade

You see why I said you criticized ayade wrongly? He would be regretting right now

AsomughaChuks02:
It is unfair and unjust what Wicked Wike is doing to that woman. She is the most senior judge in Rivers State so she deserves to be the next chief judge. I understand that she has a clean record and a sterling career but just because she is from the Igbo speaking part of Rivers State, Wike has refused to let her take her rightful place. I pity Igbos who are supporting Wike, if only they knew how much he hates Igbos.

She is from the non igbo speaking part

garfield1:
No industrial court ever arrested the judgment of the appeal court in onnoghen case.it was the CCB that ordered his suspension and rightly so.what should the njc have done when hlthey gave him enough time to defend himself before the njc and he refused?

I agree that justice ikpeme was actually guilty.

Whose credentials were missing?

Thank you...It was the CCB.

You don't get it...There was a stay of Execution on the case from the Appeal Court, you can go back to the case.

Even after his suspension, the Appeal Court ruled that the CCB was wrong because a judgement was pending on the matter but the ship had sailed, you can clarify.

garfield1:


You see why I said you criticized ayade wrongly? He would be regretting right now

What is wrong is wrong.

But with Wike doing this and the NJC supports him is even disturbing.

Racoon:

True! But dont be clever by half.Wike is about to set another bad example just as Gov.Ayade and Gombe governors attempt doing.VP Osinbajo did the needful by ensuring Justice Onneghen's name was forward & confirmed by the senate hence he was sworn in as the CJN.

However the president set this tyrannical process in motion when he alongside the cabal in his government orchestrated the removal of the former CJN without recourse to the NJC or its laid down procedure in order to installed the current invalid Sharia CJN.

Or why did you think Buhari foot dragged on the appointment of Onneghen? What about the case of the president of the court of appeal-Justice Monica Dongban-Mensem?

Ex njc onnoghen was legally removed...blame wike solely

fergie001:

Thank you...It was the CCB.

You don't get it...There was a stay of Execution on the case from the Appeal Court, you can go back to the case.

Even after his suspension, the Appeal Court ruled that the CCB was wrong because a judgement was pending on the matter but the ship had sailed, you can clarify.


What is wrong is wrong.

But with Wike doing this and the NJC supports him is even disturbing.

How can there be a stay of execution from appeal when there was no case from the lower courts? The order from CCB was an exparte,it was unexpected so how can a stay of execution now come in? Even if there was,it was after tanko was sworn in.at least they didn't say his suspension was illegal