A FEDERAL High Court in Port Harcourt on Tuesday nullified the National Judicial Council’s (NJC) recommendation that Justice Daisy Okocha be appointed Chief Judge of Rivers.
Justice Lambo Akanbi, in his judgment, held that “NJC recommendation is wrong’’, because the council gave no reasons why it preferred Okocha to Justice Peter Agumagu.
“The governor is not a rubber stamp governor. The role of NJC is advisory; the governor has the right to accept or not; he is not a rubber stamp governor,’’ he said.
Akanbi said the Rivers Judicial Councils (RJC) and NJC had the constitutional powers to advise the governor, but that the NJC was expected to collaborate with Rivers council.
He held that RJC was in a better position to advise NJC because it had the best knowledge of the candidates.
Akanbi said the defence’s argument that Agumagu was not in the high court system did not hold water.
He gave instances of states, including Oyo, where a chief judge was appointed from outside the high court.
Mr Olusola Dare, Counsel to Gov. Rotimi Amaechi, described the judgment as a “landmark judgment’’.
Dare said that the state judicial council was in a better position to determine the most suitable candidate, and noted that NJC could refuse to act on its advice.
Mr Ake Udenna, the Counsel to NJC, said cases were determined based on their peculiar facts.
“We have not seen a copy of the judgment. We will review it, we will study it and our client will have the chance to make a decision,’’ Uchenna said.
The News Agency of Nigeria (NAN) recalls that the state government appointed Agumagu, the President of Rivers Customary Court of Appeal, as the Acting Chief Judge of the state.
NJC had in July 2013 recommended Okocha, while RJC and the former Chief, Justice Iche Ndu, recommended the two candidates to the governor for the position.
The governor appealed to NJC to substitute Okocha for Agumagu, but the council rejected the appeal. (NAN)
