Agumagu
NJC rejects Rivers CJ Agumagu
The National Judicial Council (NJC) said
yesterday it would not recognise Justice Peter Agumagu as the Chief judge of
Rivers State.
The council said it would not deal with him in
that capacity in addition to suspending him as a judge.
It issued Justice Agumagu a query, directing him
to explain in writing, within four days, why he should not be removed from
office as a judge for his alleged failure to abide by his oath of office to
uphold the Constitution and Laws of the country.
NJC’s Acting Director, Information, Soji Oye in a
statement said the decision was taken at its 10th emergency meeting on
Wednesday, where it considered the issue of Justice Agumagu’s appointment by
Rivers State Governor Rotimi Amaechi.
Oye said the NJC believes that due process was
not observed in Justice Agumagu’s appointment.
He said the council found among others, that the
appointment of Justice Agumagu violated the provision of Section 271 (1) of the
Constitution.
The statement reads: “At its 10th Emergency
Meeting, which was held on March 26, 2014, the National Judicial Council under
the Chairmanship of the honourable Chief Justice of Nigeria, Justice Aloma
Mariam Muktar, considered the purported appointment, confirmation and
swearing-in of Justice P. N. C. Agumagu as the substantive Chief Judge of Rivers
State on March 18, 2014.
“In the course of deliberations on the matter,
council noted as follows:
*That it is expressly provided in Section 271 (1)
of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) that:-
The 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 NJC, subject to
the confirmation of the appointment by the House of Assembly of the state.
•That the NJC did not, at any time, make any
recommendation to the Governor of Rivers State that Justice P. N. C. Agumagu,
President, Customary Court of Appeal be appointed the substantive Chief Judge of
Rivers State.
“Council therefore resolved as follows:-
*That the NJC does not and will not recognise
Justice P.N.C. Agumagu as the Chief Judge of Rivers State.
*That 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, be notified and informed that the NJC
will not deal with Justice P.N.C. Agumagu as the Chief Judge of Rivers
State;
*That a query be issued to Justice P. N. C.
Agumagu 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.
“In the meantime, council, in exercise of its
powers under Paragraph 21 (d) of Part 1 of the Third Schedule of the 1999
Constitution, has suspended Justice P. N. C. Agumagu from office as a judicial
officer with immediate effect”
But the Rivers State Government said the NJC
acted in error because there is an appeal on the matter. It also said the NJC
had become political with its action.
Amaechi said the NJC, headed by the Chief Justice
of Nigeria (CJN), Justice Aloma Mariam Mukhtar, should have waited for the
decision of the appellate court.
The Rivers governor, who spoke through the Chief
of Staff, Government House, Port Harcourt, Chief Tony Okocha, accused the NJC of
taking sides in the Rivers judiciary leadership issue.
The NGF chairman said: “The suspension of Justice
Agumagu by the NJC is still a rumour. The Rivers State Government does not have
any communication yet on the issue. If it is true, it was done in error.
“NJC, as the highest decision making body in the
judiciary, ought to uphold the Constitution of the Federal Republic of Nigeria.
The matter is in court. NJC’s hasty decision is subjudice.
“We will not allow imposition of candidate as the
Chief Judge of Rivers State. Justice Lambo Akanbi of the Federal High Court,
Port Harcourt, in his judgment of March 18, maintained that Justice Agumagu is
the most suitable, the most qualified and the most senior judge of the Rivers
State Judiciary, who should be appointed as the substantive Chief Judge.
“NJC was a party to the suit and after the
judgment; its lawyer spoke with journalists within the premises of the Federal
High Court, Port Harcourt, promising to stand by the judgment and would liaise
with his client to decide if the judgment would be appealed. NJC ought to have
appealed the judgment.
“Justice Daisy Okocha has filed an appeal on the
judgment at the Court of Appeal, Port Harcourt and awaiting a date for hearing.
Suspending Justice Agumagu by the NJC should not have arisen.
“Prior to suspending somebody, there is need for
fair hearing. NJC did not hear from Justice Agumagu and he was not queried by
the council, before the shocking suspension, which will not stand.”
Many Rivers stakeholders, especially the leaders
of the All Progressives Congress (APC), who would not want to be named,
described the suspension of Agumagu as the latest action in the face-off
involving President Goodluck Jonathan; his wife, Dame Patience; Amaechi and the
Supervising Minister of Education, Chief Nyesom Wike, a Rivers indigene, who is
scheming to be governor in 2015.
Shortly after Agumagu’s inauguration, the APC,
Rivers chapter, asked all the persons who were opposed to his appointment to
sheathe their swords.
Rivers APC, through its Interim Chairman, Dr.
Davies Ibiamu Ikanya, said: “What Hon. Justice Agumagu needs is not further
distraction, but the cooperation of all, to ensure speedy and effective
dispensation of justice in Rivers State. Those opposed to his appointment should
respect the right of the Rivers Governor to appoint a Chief Judge for the
state.
“The judgment of the Federal High Court, Port
Harcourt, supporting his (Agumagu’s) appointment by Governor Amaechi, his
successful screening by the members of the Rivers State House of Assembly and
his inauguration by the Governor are steps in the right direction.
“Hon. Justice Agumagu is eminently qualified to
hold the position of Rivers State’s substantive Chief Judge. He is not only the
most senior High Court judge in the state, but also served as a High Court judge
for over ten years, as required by law, besides being nominated for the position
by the Rivers State Judicial Service Commission.”
The Rivers APC also congratulated the new chief
judge on his substantive appointment, while urging him to discharge his duties
fairly and with the fear of God, in order to ensure that the judiciary remained
the last hope of the common man.
It will be recalled that Amaechi, while
inaugurating Agumagu as the substantive chief judge, urged him to be dedicated
in the official discharge of his responsibilities.
Recalling that he was inaugurated after series of
legal battles, the NGF chairman pleaded with the new chief judge to see beyond
the contest and be fair and treat everybody equally.
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