Amaechi
by: Bisi Olaniyi
The Rivers State Government
yesterday dismissed as clearly partisan and self serving, the
suspension of the state’s Chief Judge, Justice Peter Agumagu, by the
National Judicial Council (NJC).
It insisted that the NJC,by its
decision, had chosen the path of unconstitutional bullying, lawlessness
and injudicious racketeering and described Wednesday 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.”
Speaking for the state government in
Port Harcourt,the Commissioner for Information and Communications, Mrs.
Ibim Semenitari, also accused a former President of the Nigerian Bar
Association (NBA), O. C. J. Okocha (SAN) and an NJC member of
influencing the recommendation of Justice Daisy Okocha.
Mr.Okocha, reacting, said the Rivers
State government’s allegation was nothing but absolute balderdash,
hogwash, nonsense, falsehood and totally irresponsible.
Semenitari said the NJC appeared ”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 regards 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 practise 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, 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.”
But Mr.Okocha, responding to the
broadside from the Rivers State government, 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.”
The Chief of Staff, Government House,
Port Harcourt, Chief Tony Okocha, said 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
TheNation
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