Tension is mounting in Rivers State over alleged plan by Governor Chibuike Rotimi Amaechi to re-appoint the acting Chief Judge, Justice Peter Agumagu following outcry that his term on acting capacity has ended.
Since the political crisis in the state erupted, the judiciary and legislature have been crippled as political gladiators within and outside the state slug it out to control the state’s politics.
The executive arm of government, presided by Amaechi, has, however, survived the crisis.
The ruling People’s Democratic Party (PDP) has intensified pressure on Amaechi to appoint a Chief Judge in the person of Justice Daisy Okocha in line with recommendation of the National Judicial Council (NJC), and drop Agumagu, who they allege Amaechi specifically appointed to twist justice in his (Amaechi’s) favour.
Since the valedictory session held for the retiring Chief Judge of the state, Justice Iche Ndu, on Tuesday, August 20, 2013, there has been controversy over Amaechi’s choice, with observers saying that he is not qualified for the job.
The NJC had recommended Justice Daisy Okocha for the job.
Until his appointment, Agumagu was the President of the State Customary Court of Appeal.
But the state government has accused the NJC of taking sides in both the judicial and political crises currently rocking the state.
The State Attorney-General and Commissioner for Justice, WorguBoms, has accused the NJC of coercing Amaechi on who to appoint as the Chief Judge, noting it would amount to abdication of constitutional responsibilities for the governor.
He said: “The constitution recognizes or the framers, you must commend them for their wisdom, they saw that there could be a time when there will be a possibility of not having a chief judge for one reason or the other, which, if you ask me, is normal; when a king dies there’s always the initial succession challenges, in fact the crisis now is because of the governorship succession so it’s normal.
“The lawmakers knew that there may not be smooth transition from one chief judge to the other and they said ‘in the meantime, the governor is empowered without recourse to anybody to appoint an acting chief judge, whose tenure will only be three month, he can’t reappoint that same person except on the approval of the NJC.
“So the NJC comes in only at the point of re-appointing that same person, in this case we’ve not gone to the NJC, we want to appoint another person the NJC now writes letters to judges ‘don’t accept appointment from him unless he appoints a particular person’. If you were governor would you accede to that?”
But the state chapter of the PDP says it has it on good authority that Amaechi has concluded plans to use Hon Justice Charles Wali of the Ahoada High Court to issue an order that will enable him re-appoint Hon. Justice Peter Agumagu to continue to function as Acting or a substantive Chief Judge of the State.
The party, who conveyed this through Jerry Needam, Special Adviser on Media to the State Chairman, Bro Felix Obuah, described the move as “irresponsible and unconstitutional” noting it will challenge and resist it.
Hr said: “The party believes that granting such order by Hon Justice Wali will not only affirm his antecedents in issuing frivolous and controversial orders but will further heighten tension in the already tensed political atmosphere in the state as a result of Amaechi’s recklessness and stubbornness.
“The Party, among series of such wrongly issued orders by Hon Justice Wali, recalled that it was same Judge that ordered the release of Chidi Lloyd, who was detained over attempted murder of Honourable Michael Chinda of the Rivers State House of Assembly.
“It is regrettable that the Honourable Justice Wali has continued to act in a manner not expected of an occupant of the revered office of a High Court Judge as he is favourably disposed to the Rivers State Government’s requests for frivolous orders.
It’s same Justice Wali who issued an interim order restraining Rt. Hon Evans Bipi from parading himself as Speaker of the Rivers State House of Assembly, and also the latest of which he gave an interim injunction against the Pentecostal Fellowship of Nigeria, PFN, in Rivers State.
