The National Judicial Council (NJC) said yesterday it would not recognise Justice Peter Agumagu as the Chief judge of Rivers State.
The council said it would not deal with him in that capacity in addition to suspending him as a judge.
It issued Justice 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.
NJC’s Acting Director, Information, Soji Oye in a statement said the decision was taken at its 10th emergency meeting on Wednesday, where it considered the issue of Justice Agumagu’s appointment by Rivers State Governor Rotimi Amaechi.
Oye said the NJC believes that due process was not observed in Justice Agumagu’s appointment.
He said the council found among others, that the appointment of Justice Agumagu violated the provision of Section 271 (1) of the Constitution.
The statement reads: “At its 10th Emergency Meeting, which was held on March 26, 2014, the National Judicial Council under the Chairmanship of the honourable Chief Justice of Nigeria, Justice Aloma Mariam Muktar, considered the purported appointment, confirmation and swearing-in of Justice P. N. C. Agumagu as the substantive Chief Judge of Rivers State on March 18, 2014.
“In the course of deliberations on the matter, council noted as follows:
*That it is expressly provided in Section 271 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) that:- The appointment of a person to the office of the Chief Judge of a state shall be made by the governor of the state on the recommendation of the NJC, subject to the confirmation of the appointment by the House of Assembly of the state.
•That the NJC 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.
“Council therefore resolved as follows:-
*That the NJC does not and will not recognise Justice P.N.C. Agumagu as the Chief Judge of Rivers State.
*That the general public and all concerned in the matter, particularly the Governor of Rivers State, the Rivers State House of Assembly, the Judiciary in Rivers State, be notified and informed that the NJC will not deal with Justice P.N.C. Agumagu as the Chief Judge of Rivers State;
*That a query be issued to Justice P. N. C. Agumagu to explain in writing within four days, why he should not be removed from office as a judicial officer, for his failure to abide by his Oath of Office to uphold the Constitution and laws of the Federal Republic of Nigeria.
“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”
But the Rivers State Government said the NJC acted in error because there is an appeal on the matter. It also said the NJC had become political with its action.
Amaechi said the NJC, headed by the Chief Justice of Nigeria (CJN), Justice Aloma Mariam Mukhtar, should have waited for the decision of the appellate court.
The Rivers governor, who spoke through the Chief of Staff, Government House, Port Harcourt, Chief Tony Okocha, accused the NJC of taking sides in the Rivers judiciary leadership issue.
The NGF chairman said: “The suspension of Justice Agumagu by the NJC is still a rumour. The Rivers State Government does not have any communication yet on the issue. If it is true, it was done in error.
“NJC, as the highest decision making body in the judiciary, ought to uphold the Constitution of the Federal Republic of Nigeria. The matter is in court. NJC’s hasty decision is subjudice.
“We will not allow imposition of candidate as the Chief Judge of Rivers State. Justice Lambo Akanbi of the Federal High Court, Port Harcourt, in his judgment of March 18, maintained that Justice Agumagu is the most suitable, the most qualified and the most senior judge of the Rivers State Judiciary, who should be appointed as the substantive Chief Judge.
“NJC was a party to the suit and after the judgment; its lawyer spoke with journalists within the premises of the Federal High Court, Port Harcourt, promising to stand by the judgment and would liaise with his client to decide if the judgment would be appealed. NJC ought to have appealed the judgment.
“Justice Daisy Okocha has filed an appeal on the judgment at the Court of Appeal, Port Harcourt and awaiting a date for hearing. Suspending Justice Agumagu by the NJC should not have arisen.
“Prior to suspending somebody, there is need for fair hearing. NJC did not hear from Justice Agumagu and he was not queried by the council, before the shocking suspension, which will not stand.”
Many Rivers stakeholders, especially the leaders of the All Progressives Congress (APC), who would not want to be named, described the suspension of Agumagu as the latest action in the face-off involving President Goodluck Jonathan; his wife, Dame Patience; Amaechi and the Supervising Minister of Education, Chief Nyesom Wike, a Rivers indigene, who is scheming to be governor in 2015.
Shortly after Agumagu’s inauguration, the APC, Rivers chapter, asked all the persons who were opposed to his appointment to sheathe their swords.
Rivers APC, through its Interim Chairman, Dr. Davies Ibiamu Ikanya, said: “What Hon. Justice Agumagu needs is not further distraction, but the cooperation of all, to ensure speedy and effective dispensation of justice in Rivers State. Those opposed to his appointment should respect the right of the Rivers Governor to appoint a Chief Judge for the state.
“The judgment of the Federal High Court, Port Harcourt, supporting his (Agumagu’s) appointment by Governor Amaechi, his successful screening by the members of the Rivers State House of Assembly and his inauguration by the Governor are steps in the right direction.
“Hon. Justice Agumagu is eminently qualified to hold the position of Rivers State’s substantive Chief Judge. He is not only the most senior High Court judge in the state, but also served as a High Court judge for over ten years, as required by law, besides being nominated for the position by the Rivers State Judicial Service Commission.”
The Rivers APC also congratulated the new chief judge on his substantive appointment, while urging him to discharge his duties fairly and with the fear of God, in order to ensure that the judiciary remained the last hope of the common man.
It will be recalled that Amaechi, while inaugurating Agumagu as the substantive chief judge, urged him to be dedicated in the official discharge of his responsibilities.
Recalling that he 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.
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