Agumagu Sworn-In As Rivers CJ …Court Nullifies NJC’s Recommendation

Substantive Chief Judge of Rivers State, Justice Peter Agumagu has been sworn-in by Governor Chibuike Amaechi with the charge to treat all parties fairly as expected of a judicial officer.
Governor Amaechi, who conducted the oath swearing ceremony on the new chief judge at Government House, yesterday, urged Justice Agumagu to throw the bickering behind and remain dedicated to duty.
The charge is coming barely six hours after a Federal High Court presided over by Justice Lambo Akanbi, yesterday, in Port Harcourt, upheld the powers of the governor to appoint chief judge of the state, and also frowned at attempt to sideline Justice Agumagu in the list of senior judges fit for the position.
Amaechi, who had gone to the courts to interpret the Constitution, observed that it was common in Nigeria to have opposition even in matters that were purely on merit, saying, “not even the bishop is appointed without a contest, so, I hope you will see what happened as a mere contest and treat everybody fairly.”
The governor thanked the Federal High Court for helping “the state out of bondage”, reasoning that the court has shown that it could not be influenced in matters of such weight.
He maintained that the judgement has also sent a strong warning to those who wanted to manipulate the judiciary based on their position, stressing that those who tried to scuttle the process, “should learn to treat such things on merit, not based on cronyism, and I hope this would settle once and for all the challenges in the judiciary.”
Besides that, he noted that the judgement would check political interference in the judiciary.
Later, Justice Agumagu in a chat with newsmen said his agenda was to ensure a better judiciary with priority on staff welfare and effective justice delivery.
Also speaking, Commissioner for Information and Communications, Mrs Ibim Semenitari, has hailed the judgement of the Federal High Court laying to rest controversies surrounding the appointment of a chief judge of the state.
She said, “Now, the governor’s hands have been untied and he can now fulfil his constitutional role as governor of Rivers State. Before now, the Nigerian Judicial Council (NJC) had tied the hands of Governor Amaechi precluding him from performing his role as governor of the state.”
Semenitari stated that the court has now affirmed that the NJC was usurping the powers of the governor in appointing the chief judge of the state, adding that, “We hope the NJC will know about the ruling of Justice Akanbi.”
However, a Federal High Court in Port Harcourt yesterday nullified the National Judicial Council (NJC) recommendation that Justice Daisy Okocha be appointed chief judge of Rivers State.
Justice Lambo Akanbi, in his judgment, 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 governor. 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 State Judicial Council (RSJC) and NJC had the constitutional powers to advise the governor, but that the NJC was expected to collaboration with Rivers council.
He held that RSJC was in a better position to advise NJC because it had the best knowledge of the candidates.
Akanbi said the defence’s argument that Agumagu was not in the high court system did not hold water.
He gave instances of states, including Oyo, where a chief judge was appointed from outside the high court.
Mr Olusola Dare, counsel to Governor Chibuike Rotimi Amaechi, described the judgment as a “landmark judgment”.
Dare said that the Rivers State Judicial Council was in a better position to determine the most suitable candidate, and noted that NJC could refuse to act on its advice.
Mr Ake Udenna, the counsel to NJC, said cases were determined based on their peculiar facts.
“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,” Uchenna said.
The state government appointed Agumagu, the president of Rivers State Customary Court of Appeal, as the acting chief judge of the state in July, 2013.
NJC had in July, 2013 recommended Okocha, while RSJC and the former chief judge, Justice Iche Ndu, recommended the two candidates to the governor for the position.
The governor appealed to NJC to substitute Okocha with Agumagu, but the council rejected the appeal.
Meanwhile, the Rivers State House of Assembly yesterday screened former Customary Court of Appeal President, Justice Peter Chukwuemeka Agumagu as the new chief judge of the state.
Acting on the nomination from the executive, Hon Nname Robinson, Ahoada East 1, moved a motion for Justice Agumagu to be admitted into the chambers and was supported by Hon Irene .Imingba, Port Harcourt 11, deputy chief whip.
All 17 members present voted for Justice Agumagu to be sworn in as the new chief judge of the state
Speaking, Justice Agumagu said he is currently the most senior  judge in order of hierarchy in Rivers State.
While answering questions from honourable members, Justice Agumagu expressed satisfaction with the state of justice delivery in the state, assuring that he will work to improve an efficient and better justice delivery in the state.
According to him, “I am happy with the present trend in Rivers State judiciary,” adding that initially, the state had magistrate and high courts, but right now, the state has Customary Court of Appeal.
“The state has 32 customary courts and each of the courts is headed by a lawyer from the locality. And those who are not satisfied with the judgment at the Customary Court may carry it to Customary Court of Appeal. The state also has 34 high courts and all are functioning”, he said.
He said the state now has better justice delivery in the grassroots through the customary courts, adding that justice is faster in the localities where the courts exist.
He said the judges at the Customary Court of Appeal are equivalent to high court judges.
Agumagu, however, said his first priority, if sworn in as chief judge, is to improve the welfare and working condition of judges.
After much questions from members, Hon Justice Agumagu was asked to leave.
The Speaker, Rt. Hon Otelemaba Dan-Amachree directed the Clark of the House to communicate to the governor the confirmation of Justice Peter Chukwuemeka Agumagu as the chief judge of the state.
The Deputy Chief Whip, Hon Irene Inimgba later moved the motion for adjournment of the House.

Rivers State Governor, Rt Hon Chibuike Rotimi Amaechi (left) congratulating the new Rivers State Chief Judge, His Lordship, Peter Agumagu, shortly after the swearin-in of the new chief judge at Government House, Port Harcourt, yesterday.

Ike Wigodo & Akujobi Amadi