THE appointment of Justice P. N. C. Agumagu as the acting chief judge of Rivers State was, on Wednesday, invalidated by a Federal High Court sitting in Port Harcourt, the state capital.
This was as Justice Lambo Akanbi also instructed the state governor, Mr Rotimi Amaechi, to conform to the provisions of the constitution in the appointment of an acting chief judge.
The judgment followed a suit filed by a group, Kengema Unity Forum (KUF), challenging the selection and swearing-in of Agumagu, president of the state customary court of appeal, by Governor Amaechi.
In his judgment, Justice Akanbi said the 1999 Constitution (as amended) was clear on who should be appointed as the acting chief judge of the state, adding that the most senior judge in the state High Court should be selected to occupy the position whenever there was a vacancy.
He, however, said he would not grant the prayers of the plaintiff that an order be given for Justice Daisy Okocha to take charge as the acting chief judge of the state.
According to him, doing otherwise would amount to usurping the powers of the governor and the National Judicial Commission (NJC) to pick a judge for the said position.
“The question as to who qualifies to be appointed as acting chief judge of the state has generated a lot of needless controversy. The provision of Section 271(4) of the constitution is very clear, explicit and without ambiguity. It says the governor shall appoint the most senior judge of the High Court.
“The question is, who is my noble Lord Honourable Justice P.N.C Agumagu and where does he belong? Is he a judge of the High Court of Rivers State, appointed pursuant to the provision of Section 270, sub-section 1 of the Constitution or a judge of the Customary Court of Appeal under Section 280, sub-section 1 of the same Constitution?
“The inevitable conclusion I have reached is that His Lordship, the Honorable Justice P.N.C. Agumagu, is not qualified as a state High Court judge, hence he is not suitable and qualified to be appointed as acting Chief Judge of the High Court of Rivers State.
“The only consequential order I should make in the circumstance is to direct the governor to comply with the constitutional provision on the appointment of an acting Chief Judge of the state High Court as provided under Section 271, sub-section 4 of the 1999 Constitution. That shall be the judgement of the court,” he said.
Counsel to the plaintiff, Mr Tubotamuno Dick, told journalists after the court session that they were happy that the court granted their submissions and urged Governor Amaechi to swear in Justice Okocha as the acting chief judge of the state.
He warned that the Nigerian Bar Association (NBA) and other stakeholders would protest if the governor refused to adhere to the directive of the court.
“Our expectation is that the governor should swear in Justice Daisy Okocha as the acting chief judge of the state High Court. Failure to do so, we will call on the NBA and other relevant bodies to protest,” he said.
In his remark, counsel for the state government, Mr Tuduru Ede, said he was not satisfied with the judgment, pointing out that the state government would appeal.
He said he was optimistic his client would emerge victorious at the end of the appeal.
Source: Tribune
