The Rivers State Government has reacted to a statement by the spokesperson of the National Judicial Council (NJC) purporting to suspend the Rivers State Chief Judge, Justice P.N.C. Agumagu by the National Judicial Council (NJC).
In a statement signed by the state Commissioner of Information and Communications, Ibim Semenitari, the government said that, ”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 commissioner said.
She added that “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 regards 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.”
Semenitari stressed that “to enable it 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 amongst 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,” she stated.
The statement emphasised that “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 refusal of the NJC to abide by the recommendations of the Rivers State Judicial Service Commission on the appointment of the state chief judge and its insistence on a particular candidate is a cause of worry for the Rivers State Government,” the statement indicated.
She said that “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 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 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 dissatisfied 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,” she noted.
Semenitari explained that “the Rivers State Government reiterates its respect and admiration for the judiciary but will respectfully remind the NJC that it is a statutory body, not a court”.
The Rivers State Government, therefore, requested the NJC not to allow itself to become a tool in the hands of advocates of nepotism and sectional interest.
“The Rivers State Government will urge the NJC to respect the ruling of the Federal High Court, and indeed, the Constitution of the Federal Republic of Nigeria, which it has a responsibility to uphold in the interest of justice, fair play and fair mindedness. By the way, it has acted; the NJC seeks to put itself above the law. We would respectfully remind the NJC that is not above the law. The path of legality for the NJC is to seek redress in the courts,” the statement added.

Governor Amaechi cut the tape to commission the ultra modern Eketta Igbodo Market in Etche Local Government Area, flanked by Hon. Barr Reginald Ukwuoma, Etche LGA Chairman.