Rivers CJ: RSG To Appeal Court Ruling …Set To Evict Illegal Occupants Of Govt Quarters

The Rivers State Government may have concluded plans to appeal the Federal High Court judgement, Wednesday, annulling the appointment of Justice Peter Agumagu as acting chief judge of Rivers State.
This indication was given last Wednesday, by the Counsel to the state government, Tuduru Ede, shortly after the ruling by the court in Port Harcourt, the Rivers State capital.
Ede, had said while responding to questions from newsmen at the premises of the Federal High Court, that he was not satisfied with the ruling on the matter, adding that the government would appeal the judgement.
It would be recalled that a Federal High Court sitting in Port Harcourt had nullified the appointment of Justice Peter Agumagu as the Acting Chief Judge of Rivers State.
The Kengena Unity Forum, led by Boma Goodhead and Ajenyanate Samuel, had gone to court to challenge Agumagu’s appointment by Governor Rotimi Amaechi as an acting CJ.
The plaintiffs said the state governor erred by appointing an acting CJ for the state from the Customary Court as against the provisions of the Constitution that the most senior judge from the State High Court should be selected for such duty.
Amaechi on August 20, 2013, swore in Agumagu, who was then the President of the Customary Appeal Court in the state, as Rivers acting CJ. Agumagu’s appointment followed the retirement of former CJ, Justice Iche Ndu.
But ruling on the matter on Wednesday, Justice Lambo Akanbi said the 1999 Constitution was explicit on the appointment of a state acting chief judge.
Akanbi said, “The question as to who qualifies to be appointed as acting chief judge of the state has generated a lot of needless controversy. The provision of section 271, sub-section 4 of the constitution is very clear, explicit and without ambiguity. It says the governor shall appoint the most senior judge of the High Court.
“The question is who is my noble Lord Honourable Justice P.N.C Agumagu and where does he belong? Is he a judge of the High Court of Rivers State, appointed pursuant to the provision of Section 270, sub-section 1 of the Constitution or a judge of the Customary Court of Appeal under Section 280, sub-section 1 of the same Constitution?
“I have evidence before me unchallenged that his Lordship, my Lord, the Honourable Justice P.N.C Agumagu is a judge and indeed, the President of the Customary Court of Appeal of Rivers State.
“The inevitable conclusion I have reached is that His Lordship, the Honourable Justice P.N.C. Agumagu, is not qualified as a State High Court Judge hence he is not suitable and unqualified to be appointed as Acting Chief Judge of the High Court of Rivers State.
“The only consequential order I should make in the circumstance is to direct the governor to comply with the constitutional provision on the appointment of an acting chief judge of the State High Court as provided under Section 271, sub-section 4 of the 1999 Constitution. That shall be the judgement of the court.”
Counsel to the plaintiff and Legal Adviser to Kengena Unity Forum, Mr. Tubotamuno Dick, told newsmen shortly after the ruling that the judgment delighted his clients.
Meanwhile, the NBA has asked Amaechi to obey the court judgment and swear-in the most senior judge in the state as the acting CJ.
The NBA President, Okey Wali, SAN, made the call while reacting to the Federal High Court judgment.
Wali said, “The NBA appeals to the Governor of Rivers State, Chibuike Rotimi Amaechi to, in the interest of the litigating public, the Bar and the Bench, swear in the most senior judge in the Rivers State judiciary as the Acting Chief Judge of Rivers State without prejudice to whatever his reaction might be to the judgment, while putting in motion the machinery to appoint a substantive Chief Judge for Rivers State.
Meanwhile, the Rivers State Government has given a one-month ultimatum to allottees of government quarters who converted them to business premises to remove them or have their structures removed.
This was contained in a circular from the office of the Head of Service, Barrister Samuel LongJohn, circulated to all ministries, departments and agencies
The circular titled: “Wrongful use of government  residential quarters” and signed by the Permanent Secretary, Policy and Strategy, Mr Emmanuel S. Urang, said the office of head of service has observed that some occupants of government  residential quarters use their quarters for businesses such as provision shop barbing/hair dressing saloons, drinking parlours, restaurants, livestock shops and others, thereby constituting themselves into nuisance.
According to the circular, those affected must desist forthwith from such acts or have their quarters revoked.

Deputy Speaker, Rivers State House of Assembly, Hon Leyii Kwanee (left) conferring with Hon Victoria Nyeche, shortly after the House screened and cleared three commissioner-nominees of the Rivers State Judicial Service Commission in Port Harcourt, yesterday. Photo; Chris Monyanaga

John Bibor