The Nation Newspaper

Tag: Peter Agumagu

  • 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 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.

     

  • 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.”

  • Rivers Assembly confirms chief judge

    Rivers Assembly confirms chief judge

    THE Rivers State House of Assembly confirmed yesterday Justice Peter Agumagu, former President of the Customary Court of Appeal, as the state’s Chief Judge.

    Speaker Otelemaba Dan-Amachree, who asked Agumagu a few questions, later said he had been confirmed as the chief judge.

    Amachree congratulated him and directed the clerk of the House to convey a letter of the confirmation to Governor Rotimi Amaechi.

    The News Agency of Nigeria (NAN) reports that a Federal High Court in Port Harcourt nullified the National Judicial Council’s (NJC’s) recommendation that Justice Daisy Okocha be appointed chief judge.

    Justice Lambo Akanbi held that “NJC recommendation is wrong’’, because the council gave no reasons why it preferred Okocha to Justice Peter Agumagu.

    “The governor is not a rubber stamp. The role of NJC is advisory; the governor has the right to accept or not; he is not a rubber stamp governor,” he said.

    Akanbi said the Rivers Judicial Council (RJC) and NJC could advise the governor, but the NJC should partner the RJC.

    He held that RJC was in a position to advise NJC because it knew the candidates better.

    Akanbi said the defence’s argument that Agumagu was not in the high court system did not.

    He gave instances of states, including Oyo, where a chief judge was appointed from outside the high court.

    Amaechi’s counsel Olusola Dare described it as a “landmark judgment.”

    Dare said the state judicial council was in a better position to determine the most suitable candidate.

    Counsel to NJC Ake Udenna said: “We have not seen a copy of the judgment. We will review it, we will study it and our client will have the chance to make a decision.’’

    The government appointed Agumagu in acting capacity last July.