Rivers State Government has condemned in strong term the National Judicial
\nCouncil, NJC suspension of the newly appointed Chief Judge of Rivers
\nState, Justice P.N.C Agumagu.<\/p>\n
The Government, in a statement signed by the Commissioner for Information,
\nMrs. Ibim Semenitari said the action of the NJC, is not only
\nunconstitutional but an attempt to promote nepotism and sectional
\ninterest.<\/p>\n
The Statement reads:<\/p>\n
“The attention of the Rivers State Government has been drawn to a
\nstatement by the spokesperson of the National Judicial Council, NJC, Mr.
\nSoji Oye, announcing the purported suspension of the recently appointed
\nChief Judge of Rivers State, HONOURABLE Justice P.N.C Agumagu by the NJC.<\/p>\n
“The State government also notes further, the unprecedented but unlawful
\nthreat by the NJC, to dismiss a sitting Chief Judge of a State as
\ncontained in the said statement \u2013 against the clear provisions of the
\nNigerian Constitution and the established tenets of federalism.<\/p>\n
“The Rivers State government wishes to state its utter dismay at the
\nposition of the NJC especially as its immediate effects are to undermine
\nthe tenets and processes of justice delivery in Nigeria, the hard-earned
\nreputation of a very fine judge, and the integrity of the Nigerian
\njudiciary while eroding the Olympian stature of the NJC.<\/p>\n
“The NJC in its decision appears not to have taken into consideration the
\njudgment delivered by the Honourable Justice Lambo Akanbi of the Federal
\nHigh court, Port Harcourt.<\/p>\n
“The state government finds this position of the NJC rather curious
\nespecially in view of the pendency of the res (subject matter) at the
\nCourt of Appeal. The Rivers state government had gone to the courts to
\nseek interpretation of Section 271 of the constitution of the Federal
\nRepublic of Nigeria as regards the appointment of a chief judge of the
\nstate. That section of the constitution clearly states that \u201cA person
\nshall not be qualified to hold office of a Judge of a High Court of a
\nState unless he is qualified to practice as a legal practitioner in
\nNigeria and has been so qualified for a period of not less than ten
\nyears.\u201d<\/p>\n
“To enable it act within the confines of the law the Rivers State
\nGovernment sought the court\u2019s interpretation. The learned Justice Akanbi
\nin delivering his judgment declared unconstitutional the deliberate
\nomission of Justice Agumagu\u2019s name by NJC on the ground that Justice
\nAgumagu was a Judge of the Rivers State Customary Court of Appeal.<\/p>\n
“Justice Agumagu is the most senior judge in the Rivers State judiciary
\ntoday. His very sterling record and leadership abilities was the reason
\nwhy he was seconded to the Rivers State Customary Court of Appeal in 2008
\n– as its President – to spearhead the establishment of that critical level
\nof justice delivery in Rivers State at a very troubled time in the history
\nof the State and indeed the Niger Delta region \u2013 due to violent militancy
\nand criminality. His record in that responsibility speaks for itself and
\nindeed qualifies him for any role in a judicial capacity at the state,
\nnational and international level.<\/p>\n
“Clearly the appointment of Honourable Justice P.N.C Agumagu as the
\nsubstantive Chief Judge of Rivers State satisfies every relevant standard
\nof the Nigerian Constitution. As the Court has already held, it accords
\nwith the provisions of section 271 (3-5) of the Constitution of the
\nFederal Republic of Nigeria to the effect that: \u201cA person shall not be
\nqualified to hold office of a Judge of a High Court of a State unless he
\nis qualified to practice as a legal practitioner in Nigeria and has been
\nso qualified for a period of not less than ten years.\u201d Honourable Justice
\nP.N.C Agumagu surpasses that constitutional benchmark by far.<\/p>\n
“Nigerians are invited to note that Honourable Justice P.N.C Agumagu\u2019s
\nappointment followed substantially the clear provisions of the Nigerian
\nConstitution. Contrary to insinuations contained in the purported
\nstatement of the NJC, the learned jurist did not violate any written or
\nunwritten creed or code of his judicial calling or the provision of the
\nConstitution or any other law of the land. In accordance with the
\nprovisions of Part IIC, under Section 197 of the 1999 Constitution \u2013 his
\nname was submitted by the Rivers State Judicial Service to the National
\nJudicial Council for consideration as Chief Judge of Rivers State.
\nConsequently, the Governor duly received the recommendation of the NJC \u2013
\nwhich strangely omitted the name of Justice Agumagu.<\/p>\n
“The Rivers State government is well aware that there is no constitutional
\nprovision compelling the governor to appoint a chief judge based on his or
\nher seniority or even based on the arm of the judiciary to which such a
\nperson belongs. What the constitution requires is a minimum of 10 years
\npost bar qualification. This is evidenced even by the appointment of the
\nimmediate past chief judge of the state, Justice Iche Ndu who was
\nappointed chief judge over his seniors at the bench. At the time of
\nJustice Ndu\u2019s appointment, the Justice Sotonye Denton-West and Justice
\nA.C. Woryi were both Justice Ndu\u2019s senior.<\/p>\n
“Justice Denton-West was the most senior judge in the Rivers State
\njudiciary then, yet the NJC did not compel the governor at the time to
\nannounce her as Chief Judge.<\/p>\n
“The refusal of the NJC to abide by the recommendations of the Rivers
\nState judicial council on the appointment of the state chief judge and its
\ninsistence on a particular candidate is a cause of worry for the Rivers
\nState Government.<\/p>\n
“Such insistence may appear to mark the NJC out as clearly partisan and
\ninvariably as a party to the case. Since the NJC has shown such personal
\ninterest, in this matter, it raises the fundamental question of how
\njustifiable it is to for NJC to interpose itself in a case in which it
\nclearly has more than a passing interest. Certainly in the light of
\napplicable principles of administrative law it would seem that the body
\nmay have to take its hands off adjudicating on the matter of the Rivers
\nState Chief Judge or better still seek redress in the courts.<\/p>\n
“The Rivers State Government finds the decision of the NJC to suspend
\nJustice Agumagu without any fair hearing from Justice Agumagu and despite
\na decision of the Federal High Court, the pendency at the Court of Appeal,
\nPort Harcourt Division, the issue of who should be Chief Judge of Rivers
\nState suggests highhandedness and intolerance that is unacceptable for a
\nbody charged with the responsibility of protecting the integrity of the
\njudiciary.<\/p>\n
“The attitude of the body has laid credence to the fears of the Rivers
\nState Government that the body has been influenced by one of its members,
\nO.C.J Okocha (SAN) who has filial ties with the NJC\u2019s preferred candidate,
\nJustice Daisy Okocha. The impression is that the NJC in using its \u201cold
\nboys network\u201d could not be bothered about the propriety or
\nconstitutionality of usurping the role of the Governor of Rivers state in
\nthe appointment of a chief judge for the state.<\/p>\n
“The Rivers State Government wishes to reiterate its respect and
\nadmiration for the judiciary and the NJC but will respectfully request the
\nNJC not to allow itself to become a tool in the hands of those who want to
\npush merit to the back burner while exalting nepotism and sectional
\ninterest. The Rivers state government will urge the NJC to proctect the
\nsanctity of the Courts by prosecuting the appeal which is already before
\nthe Court of Appeal and indeed respect the constitution of the Federal
\nRepublic of Nigeria which it has a responsibility to uphold in the
\ninterest of justice, fair play and fair mindedness.”<\/p>\n
Signed<\/p>\n
Ibim Semenitari
\nCommissioner of Information and Communications, Rivers State
\n27\/3\/14<\/p>\n","protected":false},"excerpt":{"rendered":"
Rivers State Government has condemned in strong term the National Judicial Council, NJC suspension of the newly appointed Chief Judge of Rivers State, Justice P.N.C Agumagu. The Government, in a…<\/p>\n","protected":false},"author":1,"featured_media":24818,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-24817","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\n