By Jimitota Onoyume

Justice Daisy Okocha of the Rivers State Judiciary, has asked a Federal High Court in Port Harcourt to stop the National Judicial Council, NJC , Governor Rotimi Amaechi of Rivers State and three others from appointing any other person as substantive Chief Judge for the state.

Justice Okocha, who urged the court to declare that the governor of Rivers State lacked powers under the 1999 constitution of the Federal Republic of Nigeria to appoint a   Chief Judge for the state without recommendation of the NJC, also want the court to declare that the NJC which is the first defendant can only grant recommendations of a Rivers State Judicial Service Commission that is properly constituted in accordance with the provisions of the constitution.

Defendants in the suit are the NJC, Rivers State Judicial Service Commission, Governor Amaechi, Rivers State Attorney General, Chief Registrar of the state High Court and Chairman of the Rivers State judicial Service Commission.

Justice Okocha is contending in the suit that a properly constituted Rivers State Judicial Service Commission must have the Chief Judge of the state or an acting chief judge of the state as Chairman.

She is further praying the court to declare that the Attorney General and Chief Registrar of the High Court of Rivers State, have no constitutional powers to assume the duties and office of the Chairman of the Rivers State Judicial Service Commission.

She further asked the court to declare that in the absence of a Chief Judge, the state governor was duty bound to declare that she (Justice Okocha) being the most senior judge of the High Court of Rivers State should perform the functions of a Chief Judge in acting capacity.

“A declaration that the plaintiff being the most senior judge in the hierarchy of the judges of the High Court of Rivers State is the person eligible and entitled to be appointed to perform for the time being the functions and exercise the powers of the office of Chief Judge of Rivers State.

Justice Okocha also sought an order of the court restraining the governor of the state from appointing another person other than herself as the acting Chief Judge of Rivers State.

She also wants the court to restrain the defendants “or by their servants, agents or privies from selecting nominating, recommending or howsoever putting forward any person for appointment as Chief Judge of Rivers State based on the advice of the 2nd defendant as presently constituted or based on the advice of the Rivers State Judicial Service Commission except that under the headship of the acting Chief Judge as Chairman, who must be the most senior judge of the High Court of Rivers State as constitutionally stipulated, pending the determination of this suit.