By JIMITOTA ONOYUME

THE Rivers state judiciary has been enmeshed in crisis within the last one year.  Just when most  people in the state thought the problem had come to an end with the appointment of Justice Peter Nwoke Chukwuma Agumagu as Chief Judge of the state judiciary by governor Chibuike Amaechi,  last week another chapter of the crisis opened this time with the suspension of Justice Agumagu by the National Judicial Council, NJC. The NJC also issued him a query to explain why he should not be sanctioned.

It would be recalled that governor Amaechi appointed Justice Agumagu same day he secured a court judgement that gave him the right to do so. This was after some pro Amaechi lawmakers had held a sitting in Government House, Port Harcourt on the day the judgement was delivered by the court to screen and confirm Justice Agumagu as Chief Judge of the state.

Earlier, the NJC had recommended Justice Daisy Okocha to the governor for appointment, as Chief Judge, arguing that she was the most senior High court judge in the state, an act the governor challenged in court.

*Justice Peter Agumagu and Governor Amaechi

In his ruling on the matter, Justice Lambo Akanbi of a Federal High court; Port Harcourt had dismissed the recommendations of Justice Okocha by the National Judicial Commission for appointment as Chief Judge of the state.

Declaring the action of the NJC as wrong, null and void Justice Akanbi said there was no way the governor could be compelled to yield to the recommendations of the NJC on the appointment of a substantive CJ for the state because he is not a rubber stamp.

He said  ” The letter of the national Judicial Commission of  July 2, 2013, and received on July 30, by Governor Chibuike Amaechi that only the most senior judge must be appointed contrary to the recommendation of the Judicial Service Commission is wrongful, null and void. That the letter recommending Justice Daisy Okocha in preference to Agumagu, saying that Agumagu is not the most senior judge of the High Court is wrongful, null and void”.

Greatest respect

”The criteria used by the National Judicial Commission to disqualify Justice Agumagu are wrongful, null and void. With greatest respect to the national Judicial Commission, who is my employer, I cannot allow the argument of the defence counsel, that the Governor must accept the recommendation of the NJC. The body that is most suitable to make recommendation of a nominee of a chief judge of the state is the state Judicial Service Commission, because they have local knowledge of the most suitable candidate than the National Judicial Commission”.

Justice Akanbi who made reference to Osun state noted that there was no way the case in Rivers state would be different, adding that the reason given by the NJC for recommending Justice Okocha was not cogent enough.

”What the constitution recommends is 10 years of legal practice and we are in a dynamic world. And, so, the issue of most senior judge can no longer be the only criteria of appointing someone to such an important and exalted position”.

Rivers state government in a statement issued on the suspension of Justice Agumagu expressed worries with the action of the National Judicial Council.

While urging the NJC to respect the constitution of the country the. Commissioner for Information and Communications, Mrs Ibim Semenitari said the NJC was carrying on as an interested party in the issue, adding that Justice. Agumagu was the most senior judge in the state.

”The attention of the Rivers State Government has been drawn to a statement by the spokesperson of the National Judicial Council purporting to suspend the Rivers State Chief Judge, Justice P.N.C Agumagu by the National Judicial Council (NJC).

If this is true, then clearly, the NJC appears not to have taken into consideration the judgment delivered by Justice Lambo Akanbi of the Federal High court, Port Harcourt in which it is a party.

The state government finds this position of the NJC rather curious especially as Justice Agumagu is the most senior judge in the Rivers State judiciary and a very respected judicial officer.

The Rivers state government had gone to the courts to seek interpretation of Section 271  (3-5) of the constitution of the Federal Republic of Nigeria as regards the appointment of a chief judge of the state.  That section of the constitution clearly states that “A person shall not be qualified to hold office of a Judge of a High Court of a State unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years.”

However to enable it act within the confines of the law the Rivers State Government sought the court’s interpretation. The learned Justice Akanbi is delivering his judgment faulted the deliberate omission of Justice Agumagu’s name amongst the list of senior judges qualified to be Chief judge of Rivers State.

Justice P.N.C Agumagu is the most senior judge in the Rivers State judiciary and was seconded to establish the customary court of appeal in 2008.

The Rivers State government is well aware that there is no constitutional provision compelling the Governor to appoint a chief judge based on his or her seniority or even the arm of the judiciary to which such a person belongs. What the constitution requires is a minimum of 10 years post- call qualification. This is evidenced even by the appointment of the immediate past Chief Judge of the State, Justice Iche Ndu, who was appointed chief judge over his senior at the bench. At the time of justice Ndu’s appointment, the Justice Sotonye Denton-West was the most senior judge in the Rivers State judiciary, yet the NJC did not compel the governor at the time to announce her as Chief Judge.

The refusal of the NJC to abide by the recommendations of the Rivers State Judicial Service Commission on the appointment of the State Chief Judge and its insistence on a particular candidate is a cause of worry for the Rivers State Government.

Such insistence may appear to mark the NJC out as clearly partisan, self-interested and self serving, in a case in which it is a partyThe NJC has shown such over-weaning personal interest in this matter, thereby raising serious and fundamental questions as to how justifiable is it to for NJC to interpose itself in a case in which it clearly has more than  a passing interest. It is a well known principle of administrative law that a party cannot be a judge in its own cause.

When Honorable Justice Akanbi of the Federal high Court struck down the decision of the NJC to preclude Justice Agumagu from consideration  for the position of the Chief Judge, the Rivers State Government fully expected the NJC, as a law abiding institution, to choose the path of civility and appeal if it was dis-satisfied with the decision. Rather than do so, the NJC has chosen the path of unconstitutional bullying, lawlessness and injudicious racketeering. It is a dark day for our country when the most senior Justices and lawyers in our country resort to high-handed self help instead of judicial redress.

The Rivers State Government finds that the  decision of the NJC to suspend Justice Agumagu despite a  decision of the federal high court on the issue of who should be Chief Judge of Rivers State suggests a highhandedness and intolerance that is unacceptable for a body charged with the responsibility of protecting the integrity of the judiciary.

The attitude of the body has laid credence to the fears of the Rivers State Government that the body has been influenced by one of its members, O.C.J Okocha( SAN) who has filial ties with the  NJC’s preferred candidate, Justice Daisy Okocha.  The impression is that the NJC in using its old boys and influence networks and could not be bothered about the propriety or constitutionality of usurping the role of the Governor of Rivers state in the appointment of a chief judge for the state or respecting the niceties of separation of powers. The NJC seeks to unleash an assault on the fundamental value of separation of powers in our constitutional system.

The Rivers State Government wishes to reiterate its respect and admiration for the judiciary but will respectfully remind the NJC that it is a statutory body, not a Court. Accordingly, we would request the NJC not to allow itself to become a tool in the hands of advocates of nepotism and sectional interest.

Interest of justice

The Rivers state government will urge the NJC to respect the ruling of the Federal High court and indeed the constitution of the Federal Republic of Nigeria which it has a responsibility to uphold in the interest of justice, fair play and fair mindedness. By the way, it has acted, the NJC seeks to put itself above the law. We would respectfully remind the NJC that is not above the law. The path of legality for the NJC is to seek redress in the courts.”.

On his part, the 19th president of the Nigeria Bar Association,Chief Onuwze Chukwujuka Okocha said the Agumagu was being investigated by the NJC  to know if he breached his oath of office as Judge by accepting to be sworn in as Chief Judge of the state without the recommendations of the NJC and to also determine if Justice Agumagu breached the code of professional ethics for judicial officers with his acceptance to be sworn in as Chief Judge.

”What I can say is that Justice Agumagu was suspended to enable the NJC investigate the events that led to his appointment as the chief judge of Rivers State. The NJC could have opted to suspend Justice Agumagu to enable it to properly examine the events that culminated into his swearing-in as the chief judge of Rivers State”.

Material facts

”I believe the NJC in its wisdom feels that it is better to investigate Justice Agumagu while he is suspended to enable the body have access to all the material facts that are involved in the matter that led to his suspension.”

He further dismissed allegations that he influenced the decision of the NJC

”In their discretion other members of the NJC present at that meeting allowed me to go out of the meeting. I am not privileged to the deliberations that took place after I left. I read of the NJC’s recommendation like every other person.”

”It is clear that I have a personal interest in the matter because of our filial relationship. With that in my mind, how then can I sit among other members of the NJC to deliberate on a matter where my personal interest becomes an issue?”

“How can a small Okocha here in the city of Port Harcourt influence members of the NJC? The NJC that has the Chief Justice of Nigeria, CJN as the chairman; eminent serving and retired justices of the Supreme Court; five state chief judges and some of the best legal minds in the country”, he said.

Meanwhile, the Rivers State Government, yesterday, insisted that Justice Agumagu remained the Chief Judge of the state.

Attorney General and Commissioner for Justice in the state, Mr Worgu Boms, who spoke on the issue at  Government House, Port Harcourt, insisted that Justice Agumagu was the most senior judge in the state, adding that the constitutional provision for appointment as a Chief Judge was 10 years of practice as a judge.