The last not been heard about the lingering crisis in the Rivers State Judiciary where Governor Rotimi Amechi is locked in a battle of wits with the National Judicial Council, NJC, over the appointment of a substantive Chief Judge for the state.
The governor had on 18 March sworn in Justice P.N.C Agumagu as the substantive Chief Judge of the state without the recommendation of the NJC, which is a constitutional requirement for such appointment.
At an emergency meeting of the Council at Abuja on Wednesday, it suspended Justice Agumagu as a judicial officer, saying his appointment did not have constitutional backing.
The NJC in the course of its deliberations on Rivers State judicial crisis, noted that section 271 (1) of the Constitution provides that appointment of a person to the Office of the Chief Judge of a state shall be made by the governor of the state on the recommendation of the National Judicial Council, subject to the confirmation of the appointment by the House of Assembly of the state.
The Council observed that it did not at any time make any recommendation to the Governor of Rivers State for Justice Agumagu, who was hitherto the President of Customary Court of Appeal, to be appointed the substantive Chief Judge of Rivers State.
The Council thereafter resolved that it does not and will not recognise Justice Agumagu as the Chief Judge of Rivers State and called on the general public and all concerned in the matter, particularly the Governor of Rivers State, the Rivers State House of Assembly, the Judiciary in Rivers State, to be notified that the National Judicial Council will not deal with Justice Agumagu as the Chief Judge of Rivers State.
In furtherance of the Council’s powers under Paragraph 21 (d) of Part 1 of the Third Schedule of the 1999 Constitution, the NJC thereafter suspended Justice Agumagu from office as a judicial officer with immediate effect.
It also resolved to issue a query to the judge to explain in writing within four days, why he should not be removed from office as a judicial officer for his failure to abide by his oath of office to uphold the constitution and laws of the Federal Republic of Nigeria.
Source: PMNews
