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Tag: NJC

  • Suspended Rivers CJ: Court adjourns suit indefinitely

    Suspended Rivers CJ: Court adjourns suit indefinitely

    A Federal High Court in Abuja adjourned hearing indefinitely yesterday in the suit filed by the suspended Rivers State Chief Judge, Justice Peter Agumagu.

    Justice Adeniyi Ademola held that since parties agreed to await the outcome of the respondents’ appeals filed against his earlier ruling, the case should be adjourned till the determination of the appeals.

    Agumagu is challenging his March 18 suspension by the National Judicial Council (NJC), which claimed that  he was sworn in without being nominated by the NJC as required by the constitution.

    Sued with NJC are Justices Babatunde Adejumo, Jubril Idris and Cromwell Idahosa (chairman and members of the panel set up by the NJC to investigate allegations against Justice Agumagu).

    Yesterday, Agumagu’s lawyer, Akin Olujinmi (SAN) reminded the court that the case was fixed for the hearing of all pending applications.

    He said his client has also filed an application on June 12 seeking an order to join three new parties in the suit.

    The lawyer informed the court that shortly after its last ruling, in which the court heard the respondents’ objections with the substantive suit, the respondents had appealed.

    Olujinmi added that two of the respondents have also applied for stay of proceedings pending the appeal.

    The counsel told the court that the respondents have served him copies of the record of appeal; some of them have also served him copies of briefs of argument.

    He said it was proper for the court to adjourn the case because the respondents have compiled records of appeal and have even filed briefs of argument.

    NJC’s lawyer Wole Olanipekun (SAN), Fola Shotikare (for Justice Adejumo) and Emmanuel Ukala (SAN) for Justices Idris and Idahosa, did not object to Olujinmi’s suggestion that the court should adjourn.

    The respondents are challenging the court’s decision to hear the substantive suit and the preliminary objection,  noting that the court lacks jurisdiction to hear the case.

    It is their contention that jurisdiction is a constitutional issue that goes to the root of the case, that must first be resolved before further steps are taken.

  • NJC investigates Justice Ademola

    NJC investigates Justice Ademola

    Justice Adeniyi Ademola of the Federal High Court, Abuja, appeared yesterday before an investigative committee of the National Judicial Council (NJC.

    It was learnt that the judge’s appearance followed the petitions written against him on how he handled the trial of a former Director of Pension Accounts in the Office of the Head of Civil Service of the Federation, Sani Teidi Shaibu.

    The Economic and Financial Crimes Commission (EFCC) is prosecuting Shuaibu for his alleged complicity in the stealing of about N5 billion pension funds belonging to civil servants.

    One of the petitions was said to have been written by Shuaibu’s wife, who queried the manner the judge handled her husband’s trial and the judge’s alleged refusal to grant him bail.

    Another petition, it was learnt, was written by the National Human Rights Commission (NHRC), which also queried the judge’s handling of the accused bail.

    Justice Ademola was said to have suspended hearing in the case, insisting on the disposal of a petition written against him on the case, before proceeding with its hearing.

     

    The judge had once refused to allow the accused person on bail on the ground that documents submitted by some of the sureties were found to have been forged. Some officials of the Federal High Court linked with the deal are now on trial.

    The Executive Secretary of the NHRC, Professor Bem Angwe was quoted recently to have assured Shaibu that his commission will look into his case. Prof Angwe had encountered Shuaibu at the Kuje prison, Abuja during one of the NHRC’ prison inspection visits.

    Justice Ademola attracted public attention recently when, in a judgment, he said members of the House of Representatives, who defected from the People’s Democratic Party (PDP) to the opposition All Progressive’s Congress (APC) had no business remaining in the House having defected from the party that sponsored them before the expiration of their tenure.

    The judgment was on a suit by the PDP, with which it sought to restrain members of the House from altering its current leadership composition.

     

  • NJC directs most senior judge to act as Rivers CJ

    NJC directs most senior judge to act as Rivers CJ

    THE National Judicial Council (NJC) yesterday directed the most senior judge in the Rivers State High Court and Customary Court of Appeal to oversee the assigning of cases to judges.

    This was contained in a statement by Acting Director of Information, NJC Office, Soji Oye.

    The statement said the two senior judges would also perform other related administrative duties.

    It said the NJC took the decision at its 67th meeting held on May 27 during which it deliberated on the non-appointment of a substantive or acting Chief Judge for the state.

    The statement noted with concern the attendant consequences of this development on administration of justice.

    It stated that NJC took the decision to correct the impression created on NJC’s decision on the appointment of the chief judge.

    “Suffice it to say that the law abhors a vacuum, therefore, where there is a vacuum, the law must fill it,’’ it stated.

    NJC had on March 27 suspended Justice Peter Agumagu as the Chief Judge. He was sworn-in by Governor Rotimi Amaechi on March 18.

    Agumagu, until his appointment as chief judge, which NJC said breached Section 271 of the 1999 Constitution, was a former President, Rivers Customary Court of Appeal.

    Agumagu has challenged his suspension  and the suit is before an Abuja Federal High Court.

     

  • NJC and corruption of justice

    NJC and corruption of justice

    Paradoxically, it is not so clear where the National Judicial Council (NJC) stands in the temple of justice. With all due respect, the body has succeeded in sullying its image as the highest decision making organ of the Nigerian judiciary, despite the public optimism that ushered in its head and Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar, when in 2012 she became the first female CJN and promised reforms and sanitisation of the judiciary.

    However, this expectation has come into question following recent developments that put NJC in a negative light. Top of the unflattering issues is perhaps the apparently unresolved matter involving the Rivers State Chief Judge, Peter Agumagu, who was sworn in by the governor, Rotimi Amaechi, on March 18, contrary to the NJC’s stance backing Justice Daisy Okocha for the position on the basis of being the most senior judge in the state judiciary.

    It is noteworthy that Amaechi formalised Agumagu’s appointment after a Federal High Court ruling by Justice Lambo Akanbi, who declared, “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.”  According to the judge, “The body that is most suitable to make recommendation of a nominee as a chief judge of the state is the state Judicial Service Commission (SJC) because they have local knowledge of the most suitable candidate than the National Judicial Commission.”

    Moreover, he stated, it was not mandatory under Nigerian law that the most senior judge be appointed the state’s chief judge, adding that the official qualification was that the concerned individual must have spent at least 10 years on the bench. Since Agumagu, who was then the President of the Rivers Customary Appeal Court met this qualification, there was no issue about his appointment, he reasoned.

    Certainly, if the NJC had a problem with the judgment, it was expected to follow the path of the law, being itself a symbol of the law, with all the implications of truth and fairness. Amazingly, however, the NJC not only announced the suspension of Agumagu for alleged disobedience; it also reportedly queried Justice Akanbi. That is how things stand now, which is not easy to understand.

    What made the NJC’s moves particularly puzzling and even disturbing is the fact that it appeared to have disappointingly contradicted itself, given that in the same period it had supposedly demonstrated a sense of fair dealing that was evidently missing in the case of Agumagu and Akanbi.  To be specific, it was the same body that recommended to President Goodluck Jonathan the compulsory retirement from office of Justice G.K. Olotu of the Federal High Court and Justice U.A. Inyang of the High Court of Justice of the Federal Capital Territory, Abuja, “for gross misconduct.” Also, it was the same body that queried Justice Danlami Senchi of the Abuja High Court and issued warning letters to Justice Dalhatu Adamu, the Presiding Justice of the Court of Appeal, Kaduna Division; Justice A.A. Adeleye of the High Court of Justice, Ekiti State; and Justice D.O. Amaechina of the High Court of Justice, Anambra State.

    Now, with the benefit of insight into the seeming corruption of justice in Rivers State, it would appear that the NJC may not be beyond reasonable doubt concerning some of its actions after all.

     

  • Court adjourns judge’s suit against NJC to May 5

    An Abuja Federal High Court on Thursday adjourned hearing till May 5 in a suit filed by Justice Peter Agumagu, Rivers Chief Judge, challenging his suspension by the National Judicial Council.

    Justice Adeniyi Ademola fixed the date after listening to the submissions of Agumagu’s counsel, Mr. Akin Olujinmi (SAN), and Jimoh Lasisi (SAN), NJC’s counsel.

    Agumagu sued the NJC for suspending, querying and threatening to sack him for accepting to serve as Rivers Chief Judge on March 18.

    The NJC is joined as co-respondents in the suit with Justices Babatunde Adejumo, Jubril Idris and Comwell Idahosa, chairman and members of the panel set up to investigate allegations against Agumagu.

    The council had on March 27 announced Agumagu’s suspension, noting that his appointment and swearing-in on March 18 did not comply with Section 271 of the 1999 Constitution.

    Adejumo (second respondent) notified the court that he had not been served with the court processes by the applicant.

    “My lord, we cannot make any meaningful contribution before you now; we have to be served with the originating summons first,’’ he said.

    He said that he only got to know about the suit through a letter written by the applicant to the NJC.

    Responding, Olujinmi said he served Adejumo, together with the NJC, through the NJC’s office but the second defendant insisted that he ought to have been served as an individual, not by proxy.

    Olujinmi, therefore, requested to serve the second defendant in court, a request to which he was obliged and the service

    was done accordingly.

    It will be further recalled that Agumagu had asked the court to restrain the investigation panel from taking any further step

    in respect of his case until the determination of the substantive suit.

    He also urged the court in the suit, numbered FHC/ABJ/CS/253/2014, to grant him an order of certiorari (judicial review to quash) the query and letter of suspension from office’’.

    He also asked for an order “quashing the minutes of the decisions reached by the first respondent (NJC) at its emergency meeting of March 26, 2014’’ concerning him.

    The News Agency of Nigeria (NAN) recalls that in spite the suspension, Agumagu is still occupying the seat and the Rivers Government insists that the suspension is illegal and unconstitutional.

  • Rivers APC condemns Agumagu’s suspension

    Rivers APC condemns Agumagu’s suspension

    The All Progressives Congress (APC) in Rivers State has condemned the suspension of Rivers State Chief Judge Justice Peter Agumagu by the National Judicial Council (NJC).

    APC said it was surprising that the NJC could suspend Justice Agumagu few days after he was sworn in.

    A statement in Port Harcourt yesterday by the Media Aide to the APC Interim Chairman, Eze Chukwuemeka Eze, said: “The powers of the NJC have to do only with recommending to the president and governors on the appointment and disciplining of justices and judges.

    “It was in line with this that the NJC recommended the suspension of the President of the Court of Appeal, Justice Ayo Salami.

    “PresidentGoodluck Jonathan accepted the recommendation and suspended Justice Salami. After due investigation, Justice Salami was cleared. The NJC again recommended his reinstatement but President Jonathan did not accept the recommendation.”

    Urging the NJC to rescind the suspension, the party said there was a court judgment which the House of Assembly and Governor Rotimi Amaechi acted on.

    Eze said the NJC had a right of appeal “but under Part 1, Section 21 (d) of the third schedule of the 1999 Constitution, the NJC has no power to suspend Justice Agumagu.”

    The statement added that the NJC breached Agumagu’s right to fair hearing.

    “The purported query should first have been given to him to defend himself before suspension, if found wanting.

    “Since the procedure was not followed, the NJC is totally partisan in this particular issue as it has clearly demonstrated in this case.”

  • NJC vs Rivers State

    NJC vs Rivers State

    One of the several contradictions in our so called federal constitution is unfolding in Rivers state. There, the recently sworn in Chief Judge of the state, Justice Peter Agumagu, has been suspended by the National Judicial Council (NJC). His offence according to the NJC is that he was appointed in contravention of section 271 of the 1999 constitution as amended. Justice Agumagu who is the preferred candidate of the Rivers state government, under Governor Chibuike Amaechi, was quickly confirmed by the state assembly and sworn in after a Federal High Court, presided over by Justice Lambo Akanbi, declared the recommendation of the NJC that Justice Daisy Okocha, should be sworn in as the Chief Judge, as unconstitutional.

    The Federal High Court Judge, according to press report, was of the view that the Rivers state government was not a mere rubber stamp in the appointment of a Chief Judge, and that the NJC failed to give any satisfactory reason for their preferred choice. The constitutional provision in context for interpretation in the Justice Agumagu’s saga is section 271(1) which deals with the appointment of a Chief Judge and the Third schedule Part 1(i) paragraph 21(c) which deals with the relevant powers of the National Judicial Council. Section 271(1) provides: “the appointment of a person to the office of Chief Judge of a state shall be made by the Governor of State on the recommendation of the National Judicial Council subject to the confirmation of the appointment by the House of Assembly of the State”. On its part, the Third schedule provides: “the NJC shall have power to recommend to the Governors from among the list of person submitted to it by the state Judicial Service Commissions persons for appointments to the offices of the Chief Judges of the States…”

    In my humble view, the NJC based on the express provision of the constitution can not recommend to the state Governor, a candidate for appointment to the office of the Chief Judge, a person who is not on the list submitted to it, by the State Judicial Service Commission. Again, the power to appoint the Chief Judge, without equivocation lies with the state Governor, but alas only on the recommendation of the NJC. But even more distressing for our federation is the obvious incongruity of a federal executive body, which is what the constitution lists the NJC as, being imbued with far reaching constitutional oversight of a federating unit in an area that should be the sole prerogative of the federating unit; and in a manner that makes the state alter ego, which is what the Governor is, look helpless and a mere rubber stamp. A clash is inevitable, as the federal and state institutions contend for influence.

    The Federal High Court has from the press reports ruled that the Governor of a state is not under compulsion to accept the recommendation of the NJC. Yet, the constitution precariously provides that the Governor can only appoint on the recommendation of the NJC. Obviously the Rivers state Judicial Service Commission prefers Justice Agumagu, but relying on convention and tradition in the Judiciary, the NJC prefers the most senior Judge in the state High Court. Governor Amaechi who has done similar battles in the past to foster his executive powers, even at huge costs, has characteristically opted to fight it out.

    Unfortunately, our constitution once again lives up to confusion. This crisis is not different from the issue of control of Police, fiscal federalism or even resource control. It is a context between the central authority and the federating units. So, while the constitution grants the state executive and legislative authorities co-extensive powers and influence, in the appointment of a state Chief Judge, it also whimsically and indecorously swings that influence to a federal executive body, the NJC. That is the paradox, for which Justice Agumagu may pay dearly; and I guess ‘his sins’ pre-date the current crisis. It started with his accepting a cross appointment from the state customary court of appeal, to act as the Chief Judge of Rivers state, which in my view was against the express provision of section 271(4). But the appointment of a substantive Chief Judge is a different cup of tea, as the constitution did not expressly say that it must be the most senior Judge of the state High Court that should be appointed.

    With the NJC rejecting the state preferred Chief Judge; a constitutional crisis is in the making. For I doubt, if the state government will easily back down. Indeed, Governor Chibuike Amaechi, has lived up to an Igbo title: mmiri na ali ugwu. This can be literally interpreted as ‘water flowing up the hill’. Of course, that is without the aid of technology. He has shown an uncommon energy in challenging the status quo. His most recent battle was for the redeployment of the erstwhile state police commissioner, Joseph Mbu. He fought with every ounce of his energy. He has also so far, successfully starred down the presidency and his wife. Until the Governors forum was effectively destabilized by the presidency, he had elevated that platform to a credible voice of challenge to the impunity of the federal behemoth.

    While this column, had criticized Governor Chibuike Amaechi over some of his executive actions in the past, the current dispute between the NJC and the state Government in my humble view, is only one more manifestation of our incongruous federal constitution. The failings of our constitution as neither a federal constitution nor a unitary one, has greatly affected the political and socio-economic development of our country. I only hope that the NJC will see it in that light, despite its extensive administrative powers and control over the national judiciary.

     

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  • Suspension of Rivers CJ: NJC is clearly partisan – Amaechi

    Suspension of Rivers CJ: NJC is clearly partisan – Amaechi

    The Rotimi Amaechi’s administration in Rivers State has described the National Judicial Council (NJC) as clearly partisan, self-interested and self serving, over its suspension of the state’s Chief Judge, Justice Peter Agumagu.

    It insisted that the NJC had chosen the path of unconstitutional bullying, lawlessness and injudicious racketeering, describing Wednesday, when the council members took the decision to suspend Agumagu, as a dark day for Nigeria, when the most senior justices and lawyers in the country resorted to high-handed self help, instead of judicial redress.

    Rivers government also accused a former President of the Nigerian Bar Association (NBA), O. C. J. Okocha, a Senior Advocate of Nigeria (SAN) and an NJC member, who is a younger brother to Justice Daisy Okocha, recommended by the NJC as the Rivers chief judge, of influencing the council’s decision.

    The SAN (OCJ), in his reaction Friday in Port Harcourt, however, described the Rivers government’s allegation as absolute balderdash, hogwash, nonsense, falsehood and totally irresponsible.

    Amaechi’s administration, through the Rivers Commissioner for Information and Communications, Mrs. Ibim Semenitari, Friday in Port Harcourt, also accused the NJC of highhandedness and intolerance, unacceptable for a body charged with the responsibility of protecting the integrity of the judiciary.

    NJC’s Acting Director, Information, Soji Oye, in Abuja on Thursday, declared that the council would not recognise Agumagu as the chief judge of Rivers state; would not deal with him in that capacity, in addition to suspending him as a judge.

    NJC, according to Oye, also issued 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, especially for going against Section 271 (1) of the Constitution.

    The Chief of Staff, Government House, Port Harcourt, Chief Tony Okocha, however, stated that the NJC acted in error over Agumagu’s suspension, which he said would not stand, in view of the pending suit at the Court of Appeal in Port Harcourt, filed by Daisy.

    Chief of staff also noted that the NJC, headed by the Chief Justice of Nigeria (CJN), Justice Aloma Mariam Mukhtar, should have waited for the decision of the appellate court, accusing the council of taking sides.

     

    Agumagu, the then President of the Rivers State Customary Court of Appeal and the most senior judge of the Rivers judiciary, who earlier acted as Rivers chief judge, was cleared on March 18, through the judgment of Justice Lambo Akanbi of the Federal High Court, Port Harcourt.

    The suspended judge was immediately screened by the members of the Rivers House of Assembly and subsequently inaugurated at the Government House, Port Harcourt on the same day by Amaechi.

    Semenitari said Friday: “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 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 regard 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.’

    “To enable it to act within the confines of the law, the Rivers State Government sought the court’s interpretation. The learned Justice Akanbi, in delivering his judgment faulted the deliberate omission of Justice Agumagu’s name among 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 Amaechi’s administration also stated that the refusal of the NJC to abide by the recommendations of the Rivers State Judicial Service Commission on the appointment of the state’s Chief Judge and its insistence on a particular candidate (Daisy) was a cause of worry for the Rivers government.

    Semenitari said: “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 party. The NJC has shown such over-weaning personal interest in this matter, thereby raising serious and fundamental questions as to how justifiable is it for the 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, Port Harcourt 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 Amaechi’s administration also restated its respect and admiration for the judiciary, but respectfully reminded the NJC that it is a statutory body, not a court, while requesting the council not to allow itself to become a tool in the hands of advocates of nepotism and sectional interest.

    The Rivers state government also urged the NJC to respect the ruling of the Federal High Court, Port Harcourt and indeed the constitution of Nigeria, which it insisted the council had a responsibility to uphold, in the interest of justice, fair play and fair mindedness.

    Amaechi’s administration maintained that by the way it had acted, the NJC sought to put itself above the law and respectfully reminded the council that it was not above the law, stressing that the path of legality for the NJC was to seek redress in the courts.

    The former president of the NBA (OCJ), who is a Port Harcourt-based lawyer, said: “As at the time when in July 2013, NJC met and took a decision to recommend Justice Okocha (Daisy) over Justice Agumagu, I was not in the meeting. I had to excuse myself.

    “Everybody knows that in keeping with due process, if you have a personal interest in a matter and of course, the personal relationship is enough to indicate that OCJ Okocha must have a personal interest. So, I left the room.

    “The allegation by the Rivers State Government that the NJC has been hijacked by political jobbers for selfish interest is absolute balderdash, hogwash and absolute nonsense. NJC is constituted by the most eminent judges in this country. The CJN is the chairman.

    “If they are accusing the entire NJC of being politicised, let them point to the particular member that is believed is a politician or being influenced by politicians. It is absolute falsehood and a totally irresponsible statement.

    “Agumagu is now being investigated. While his investigation is going on, it is only fair and right that he has to step aside, to allow for due process to be carried out. Agumagu is being investigated for what the NJC considers to be a bridge of his oath of office and a bridge of the code of conduct of a judicial officer. He has been asked to step aside and I hope that at the end of the day, we will all hear the outcome.”

    It will be recalled that Amaechi, who is also the Chairman of the Nigeria Governors’ Forum (NGF), while inaugurating Agumagu as the substantive chief judge, urged him to be dedicated in the official discharge of his responsibilities.

    Recalling that Agumagu 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.

    The Rivers governor said: “My Lord, let me congratulate you on this your appointment.  The actual phrase would be ‘at last’ and to say that I was a bit worried with the way people in the judiciary fought over who would be the Chief Judge of the State.

    “I was more than worried when there was an attempt to take away the power of the governor to appoint a Chief Judge and rest it somewhere else and I was wondering if there was no need to ask for the interpretation of the constitution.

    “We recognise and accept in total, the judgement of the Federal High Court of Nigeria and we say to you congratulations.

    “Do not forget that in every office in Nigeria, not even a bishop is appointed without a contest. So, I hope that you would see what happened as a mere contest and treat everybody equally and be fair and ensure that you remain as dedicated as you have always been”.

    Amaechi also lauded the Federal High Court in Port Harcourt for ensuring that justice was done on the matter.

    The NGF chairman said: “I would on behalf of Rivers State thank the Federal High Court for helping us out of this bondage.  I would say to the Federal High Court that our brothers, who by privilege of their position in high office, should not abuse their office again.

    “They should learn to treat such things on merit not based on cronyism and hope that this will settle once and for all the challenges and disagreements in the judiciary. I pray that political interference will not come in any more”.

    Agumagu promised to ensure that justice delivery would be given its pride of place.

    The new chief judge said: “My agenda for the judiciary is to see a better judiciary, to make sure that justice delivery is given the pride of place and also to make sure that all staff of the judiciary get the best during my tenure.”

     

  • NJC suspends Rivers Chief Judge

    NJC suspends Rivers Chief Judge

    The National Judicial Council (NJC) on Thursday announced the suspension of the Chief Judge of Rivers, Justice P.N.C. Agumagu.

    This is contained in a statement issued on Thursday by the office of the Acting Director of Information, NJC, Mr Soji Oye.

    It said that the Council took the decision at its emergency meeting on Wednesday.

    The News Agency of Nigeria (NAN) reports that Agumagu, a former president, Rivers Customary Court of Appeal, was sworn-in as substantive Chief Judge of the state on March 18.

    The statement said Agumagu’s appointment did not comply with the provisions of Section 271 of the 1999 Constitution which stipulates that a state governor must appoint a Chief Judge “on the recommendations of the NJC’’.

    According to the statement, the NJC did not recommend Justice Agumagu to the governor of Rivers for appointment as the state Chief Judge.

    “The National Judicial Council 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.

    “That the National Judicial Council does not and will not recognise Justice P.N.C. Agumagu as the Chief Judge of Rivers State.

    “The general public and all concerned in the matter, particularly the governor of Rivers, the state assembly and the judiciary, be notified and informed that the NJC will not deal with Agumagu as the Chief Judge of Rivers.

    “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,” the statement said.

    The statement further said the NJC had directed that a query be issued to Agumagu to explain in writing within four days “why he should not be removed from office as a judicial officer.

    This, according to the statement, “is due to his failure to abide by his oath of office to uphold the Constitution and Laws of the Federal Republic of Nigeria’’.

  • 25 new judges

    25 new judges

    •It prefigures the tasks ahead

    The appointment of 25 new justices to the Court of Appeal is a welcome development. This is particularly so, considering the expected demand on the judiciary arising from election petitions, with our country primed towards another general election, next year. So it is good that the existing vacancies in the Court of Appeal are filled up, ahead of the election year, so that the new justices will have time to settle down before that circle of assignment, as election petition tribunals, becomes due. According to Mr. Soji Oye, the acting Director of Information, the National Judicial Commission (NJC), the new justices were appointed to fill the vacancies occasioned by deaths, retirements and elevation of some justices to the Supreme Court.

    We join other Nigerians to congratulate the new justices of the Court of Appeal on their elevation, but we quickly remind them that their new appointment is a call to higher responsibility. As justices of the penultimate court of the land, the demand on their professional capacity, integrity, wisdom and work output is a notch higher now. The implication is that their erudition and competence must soar higher than when they were at the High Court.

    Again, there is a higher expectation with respect to their integrity and the rigour in their judgments. As justices of appellate courts, they must always bear in mind that their judgments would henceforth become precedents, and as such guides for lower courts and the legal community.

    With their years of experience at the High Courts, we believe that they are aware of the public perception of the integrity of our judiciary. This is a matter of grave importance to our national wellbeing. Now as justices of appellate court, they own a higher stake in ensuring a better positive image for the judiciary. As individuals, they must strive to be above all genuine reproach, with respect to their professional conduct. As an institution, they must strive to exhibit an impeccable reputation and independence that will convince every fair-minded person that our judiciary is fair and just. In this regard it is our wish to see an austere community of justices who will dispense justice without fear or favour.

    For the new justices as well as the old justices of the Court of Appeal, we wish to remind them that the approaching general elections may rightly be described as a make-or-mar election for our country. If our experience is anything to go by, then they must brace up for the challenges of being ready to fairly and efficiently discharge their responsibilities as impartial arbiters. How well they deal with the election petitions might as well determine the survival and health of our republic. This is unfortunately so, because our politicians see elections as a do-or-die matter, for which they must seek to win at all times.

    While congratulating the judiciary for the increase in the number of justices of the Court of Appeal to 90, we are worried that the budget of the judiciary has been dwindling in recent years. We hope that the authorities made adequate budgetary provisions for these appointments. The constitution envisages a well funded judiciary, which enhances its independence. Unfortunately in recent years, the budget of the judiciary has been on the decrease, instead of increasing. The executive and legislative arms of government must stop the common practice of appropriating more resources to themselves at the expense of the judiciary, which is also a critical arm of the tripod.