Appointment Of Acting CJ: PDP Commends Gov Wike’s Respect for Rule of Law

 

—- Congratulates Acting Chief Judge, Hon. Justice Iyayi-Lamikanra

The Chairman, Rivers State chapter of the Peoples Democratic Party, PDP, Bro. Felix Obuah has lauded the indisputable disposition and steadfastness of the Rivers State Governor, Chief Nyesom Wike, in respecting due process and rule of law in governance of the State.

PDP

The PDP Chairman notes that the appointment of the Acting Chief Judge of the State, Hon. Justice A. I. Iyayi-Lamikanra, following due retirement of the immediate past substantive Chief Judge, Hon. Justice Daisy Wotube Okocha, is one among other genuine and demonstrable actions of the Governor in keeping to the relevant provisions of the Constitution of the Federal Republic of Nigeria and the rules and procedures guiding such appointment.

Bro. Obuah believes that Gov Wike’s transparency and resoluteness as he assured on assumption of office as Governor of the State on May 29, 2015, has restored justice, respect and smote succession in the Rivers State Judiciary.

He hints that the Governor’s action has also prevented undue and avoidable judiciary crisis which was the hallmark of the administration of former Governor, Rotimi Amaechi, expressing confident that Rivers State Courts will no longer be closed, thereby denying citizens and residents of the State access to justice.

“We promised people of the State and indeed all Nigerians a brand new Rivers State, where the three arms of government will function independently and carry out their constitutional Check and Balance functions accordingly. I am happy that the Governor, Chief Nyesom Wike, has been resolute in keeping to this promise and can assure our people that he will not be distracted or betray the thrust reposed in him as our Governor”, Obuah says.

While we congratulate the immediate past Chief Judge of our dear State, Hon. Justice Daisy Okocha, on her uprightness, fulfilled and successful completion of service to the State in that capacity, and retirement from active service, we welcome the incoming Acting Chief Judge, Hon. Justice A. I. Iyayi- Lamikanra, and urge her to continue the good works of her predecessor that would also ensure quick dispensation and efficient administration of justice in the State.

Appointment Of Acting CJ: PDP Commends Gov Wike’s Respect for Rule of Law

Nyako’s defiance to NJC kept Adamawa without CJ –Investigation

Adamawa State has been without a substantive Chief Judge since the former helmsman of the state judiciary, Justice Bemare Bansi, retired from the bench three years ago.

Justice Bansi retired on July 5, 2011 and five acting CJs have been appointed in the state since then.

The reason, as our correspondent learnt on Wednesday, was due to the moves by the sacked governor of the state, Murtala Nyako, to ensure that only his preferred candidate was recommended by the National Judicial Council for appointment as the substantive CJ.

The constitution provides that before a governor can appoint a substantive Chief Judge, such person must be recommended to the governor by the NJC from a list of qualified candidates provided by the Judicial Service Commission of that state.

The former governor was on Tuesday removed by state House of Assembly.

The House of Assembly, in removing Nyako, said it acted on the recommendation of the seven-man panel set up by the current acting CJ of the state, Justice Ambrose Mammadi, to investigate the allegations of fund misappropriation levelled against him.

Mammadi is the fifth acting CJ since 2011.

His second three-month tenure started on July 6.

Incidentally, Nyako had recommended to the NJC to renew Justice Mammadi’s three-month tenure as the acting CJ before the judge set up the investigative panel which indicted him (the ex-governor).

It was learnt that the request by Nyako for the renewal of Justice Mammadi’s tenure after it ended on July 6, was part of the former governor’s continued defiance to the stance of the NJC that it would only recommend the most senior judge as the substantive CJ.

Mammadi began his first three month tenure as acting CJ on April 6 following the state government’s recommendation of his name to the NJC for appointment in acting capacity.

The government had recommended Mammadi after the NJC refused to confirm Justice Nathan Musa’s tenure in acting capacity for about the sixth time.

The appointment of acting CJs after Justice Bansi retired was said to have started with Justice Bathimawu Lawi.

After the death of Justice Lawi, Justice Banu was said to have been appointed as acting CJ and followed by Justice Umar Bobbo.

Sources said Nyako had vowed that Justice Bobbo, who was formerly his favourite ahead of Justice Banu, would never become the substantive CJ of the state as long as he remained the governor of the state.

A source said, “The governor had invited Justice Bobbo to his office shortly after becoming the acting CJ. The acting CJ, apparently aware that the invitation was to settle a dispute between him and a protocol officer in the state judiciary, had sent a message back to the governor that he (the governor) should be the one who should visit his (CJ’s) office if the governor needed him. Justice Bobbo made the same remark when the governor tried to invite him the second time.”

The source, who is very familiar with the crisis rocking the state judiciary since 2011, said it was at that point the former governor refused to renew Justice Bobbo’s tenure in acting capacity.

The government subsequently, with the approval of the NJC, recommended Justice Musa, and ensured he was the CJ in acting capacity for about a year, until the NJC rejected the former governor’s last bid to renew his tenure.

This was what necessitated the appointment of Justice Mammadi’s appointment as the acting CJ on April 6(punch)

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Nyako’s defiance to NJC kept Adamawa without CJ –Investigation

Suspension of Rivers CJ: NJC is clearly partisan – Amaechi Suspension of Rivers CJ: NJC is clearly partisan – Amaechi Suspension of Rivers CJ: NJC is clearly partisan – Amaechi

The Rotimi Amaechi’s administration in Rivers State has described the National Judicial Council (NJC) as clearly partisan, self-interested and self serving, over its suspension of the state’s Chief Judge, Justice Peter Agumagu.

Rivers Stae governor, Rotimi Amaechi dissolve Obio/Akpor

It insisted that the NJC had chosen the path of unconstitutional bullying, lawlessness and injudicious racketeering, describing Wednesday, when the council members took the decision to suspend Agumagu, as a dark day for Nigeria, when the most senior justices and lawyers in the country resorted to high-handed self help, instead of judicial redress.

Rivers government also accused a former President of the Nigerian Bar Association (NBA), O. C. J. Okocha, a Senior Advocate of Nigeria (SAN) and an NJC member, who is a younger brother to Justice Daisy Okocha, recommended by the NJC as the Rivers chief judge, of influencing the council’s decision.

The SAN (OCJ), in his reaction Friday in Port Harcourt, however, described the Rivers government’s allegation as absolute balderdash, hogwash, nonsense, falsehood and totally irresponsible.

Amaechi’s administration, through the Rivers Commissioner for Information and Communications, Mrs. Ibim Semenitari, Friday in Port Harcourt, also accused the NJC of highhandedness and intolerance, unacceptable for a body charged with the responsibility of protecting the integrity of the judiciary.

NJC’s Acting Director, Information, Soji Oye, in Abuja on Thursday, declared that the council would not recognise Agumagu as the chief judge of Rivers state; would not deal with him in that capacity, in addition to suspending him as a judge.

NJC, according to Oye, also issued Agumagu a query, directing him to explain in writing, within four days, why he should not be removed from office as a judge for his alleged failure to abide by his oath of office to uphold the Constitution and Laws of the country, especially for going against Section 271 (1) of the Constitution.

The Chief of Staff, Government House, Port Harcourt, Chief Tony Okocha, however, stated that the NJC acted in error over Agumagu’s suspension, which he said would not stand, in view of the pending suit at the Court of Appeal in Port Harcourt, filed by Daisy.

Chief of staff also noted that the NJC, headed by the Chief Justice of Nigeria (CJN), Justice Aloma Mariam Mukhtar, should have waited for the decision of the appellate court, accusing the council of taking sides.

 

Agumagu, the then President of the Rivers State Customary Court of Appeal and the most senior judge of the Rivers judiciary, who earlier acted as Rivers chief judge, was cleared on March 18, through the judgment of Justice Lambo Akanbi of the Federal High Court, Port Harcourt.

The suspended judge was immediately screened by the members of the Rivers House of Assembly and subsequently inaugurated at the Government House, Port Harcourt on the same day by Amaechi.

Semenitari said Friday: “The attention of the Rivers State Government has been drawn to a statement by the Spokesperson of the National Judicial Council purporting to suspend the Rivers State Chief Judge, Justice P.N.C Agumagu by the NJC.

“If this is true, then clearly, the NJC appears not to have taken into consideration the judgment delivered by Justice Lambo Akanbi of the Federal High court, Port Harcourt in which it is a party.

“The state government finds this position of the NJC rather curious especially as Justice Agumagu is the most senior judge in the Rivers State judiciary and a very respected judicial officer.

“The Rivers state government had gone to the courts to seek interpretation of Section 271 (3-5) of the Constitution of the Federal Republic of Nigeria as regard the appointment of a chief judge of the state.  That section of the constitution clearly states that ‘A person shall not be qualified to hold office of a Judge of a High Court of a State unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years.’

“To enable it to act within the confines of the law, the Rivers State Government sought the court’s interpretation. The learned Justice Akanbi, in delivering his judgment faulted the deliberate omission of Justice Agumagu’s name among the list of senior judges qualified to be Chief Judge of Rivers State.

“Justice P.N.C Agumagu is the most senior judge in the Rivers State judiciary and was seconded to establish the Customary Court of Appeal in 2008.

“The Rivers State government is well aware that there is no constitutional provision compelling the Governor to appoint a Chief Judge based on his or her seniority or even the arm of the judiciary to which such a person belongs. What the constitution requires is a minimum of 10 years post-call qualification.

“This is evidenced even by the appointment of the immediate past Chief Judge of the state, Justice Iche Ndu, who was appointed Chief Judge over his senior at the bench. At the time of Justice Ndu’s appointment, the Justice Sotonye Denton-West was the most senior judge in the Rivers State judiciary, yet the NJC did not compel the governor at the time to announce her as Chief Judge.”

 

The Amaechi’s administration also stated that the refusal of the NJC to abide by the recommendations of the Rivers State Judicial Service Commission on the appointment of the state’s Chief Judge and its insistence on a particular candidate (Daisy) was a cause of worry for the Rivers government.

Semenitari said: “Such insistence may appear to mark the NJC out as clearly partisan, self-interested and self serving, in a case in which it is a party. The NJC has shown such over-weaning personal interest in this matter, thereby raising serious and fundamental questions as to how justifiable is it for the NJC to interpose itself in a case in which it clearly has more than  a passing interest. It is a well known principle of administrative law that a party cannot be a judge in its own cause.

“When Honorable Justice Akanbi of the Federal high Court, Port Harcourt struck down the decision of the NJC to preclude Justice Agumagu from consideration  for the position of the Chief Judge, the Rivers State Government fully expected the NJC, as a law abiding institution, to choose the path of civility and appeal if it was dis-satisfied with the decision.

“Rather than do so, the NJC has chosen the path of unconstitutional bullying, lawlessness and injudicious racketeering. It is a dark day for our country when the most senior Justices and lawyers in our country resort to high-handed self help instead of judicial redress.

“The Rivers State Government finds that the decision of the NJC to suspend Justice Agumagu, despite a decision of the Federal High Court on the issue of who should be Chief Judge of Rivers State suggests a highhandedness and intolerance that is unacceptable for a body charged with the responsibility of protecting the integrity of the judiciary.

“The attitude of the body has laid credence to the fears of the Rivers State Government that the body has been influenced by one of its members, O.C.J Okocha (SAN), who has filial ties with the NJC’s preferred candidate, Justice Daisy Okocha.

“The impression is that the NJC in using its old boys and influence networks and could not be bothered about the propriety or constitutionality of usurping the role of the governor of Rivers state in the appointment of a chief judge for the state or respecting the niceties of separation of powers. The NJC seeks to unleash an assault on the fundamental value of separation of powers in our constitutional system.”

The Amaechi’s administration also restated its respect and admiration for the judiciary, but respectfully reminded the NJC that it is a statutory body, not a court, while requesting the council not to allow itself to become a tool in the hands of advocates of nepotism and sectional interest.

The Rivers state government also urged the NJC to respect the ruling of the Federal High Court, Port Harcourt and indeed the constitution of Nigeria, which it insisted the council had a responsibility to uphold, in the interest of justice, fair play and fair mindedness.

Amaechi’s administration maintained that by the way it had acted, the NJC sought to put itself above the law and respectfully reminded the council that it was not above the law, stressing that the path of legality for the NJC was to seek redress in the courts.

The former president of the NBA (OCJ), who is a Port Harcourt-based lawyer, said: “As at the time when in July 2013, NJC met and took a decision to recommend Justice Okocha (Daisy) over Justice Agumagu, I was not in the meeting. I had to excuse myself.

“Everybody knows that in keeping with due process, if you have a personal interest in a matter and of course, the personal relationship is enough to indicate that OCJ Okocha must have a personal interest. So, I left the room.

“The allegation by the Rivers State Government that the NJC has been hijacked by political jobbers for selfish interest is absolute balderdash, hogwash and absolute nonsense. NJC is constituted by the most eminent judges in this country. The CJN is the chairman.

“If they are accusing the entire NJC of being politicised, let them point to the particular member that is believed is a politician or being influenced by politicians. It is absolute falsehood and a totally irresponsible statement.

“Agumagu is now being investigated. While his investigation is going on, it is only fair and right that he has to step aside, to allow for due process to be carried out. Agumagu is being investigated for what the NJC considers to be a bridge of his oath of office and a bridge of the code of conduct of a judicial officer. He has been asked to step aside and I hope that at the end of the day, we will all hear the outcome.”

It will be recalled that Amaechi, who is also the Chairman of the Nigeria Governors’ Forum (NGF), while inaugurating Agumagu as the substantive chief judge, urged him to be dedicated in the official discharge of his responsibilities.

Recalling that Agumagu was inaugurated after series of legal battles, the NGF chairman pleaded with the new chief judge to see beyond the contest and be fair and treat everybody equally.

The Rivers governor said: “My Lord, let me congratulate you on this your appointment.  The actual phrase would be ‘at last’ and to say that I was a bit worried with the way people in the judiciary fought over who would be the Chief Judge of the State.

“I was more than worried when there was an attempt to take away the power of the governor to appoint a Chief Judge and rest it somewhere else and I was wondering if there was no need to ask for the interpretation of the constitution.

“We recognise and accept in total, the judgement of the Federal High Court of Nigeria and we say to you congratulations.

“Do not forget that in every office in Nigeria, not even a bishop is appointed without a contest. So, I hope that you would see what happened as a mere contest and treat everybody equally and be fair and ensure that you remain as dedicated as you have always been”.

Amaechi also lauded the Federal High Court in Port Harcourt for ensuring that justice was done on the matter.

The NGF chairman said: “I would on behalf of Rivers State thank the Federal High Court for helping us out of this bondage.  I would say to the Federal High Court that our brothers, who by privilege of their position in high office, should not abuse their office again.

“They should learn to treat such things on merit not based on cronyism and hope that this will settle once and for all the challenges and disagreements in the judiciary. I pray that political interference will not come in any more”.

Agumagu promised to ensure that justice delivery would be given its pride of place.

The new chief judge said: “My agenda for the judiciary is to see a better judiciary, to make sure that justice delivery is given the pride of place and also to make sure that all staff of the judiciary get the best during my tenure.” (0)

Suspension of Rivers CJ: NJC is clearly partisan – Amaechi Suspension of Rivers CJ: NJC is clearly partisan – Amaechi Suspension of Rivers CJ: NJC is clearly partisan – Amaechi