Amaechi’s Legal And Political Battles (III)

Reacting to this epochal judgement, the New Peoples Demo
cratic Party (nPDP) said it received with joy the news of the Supreme Court’s dismissal of the suit instituted by Sir Celestine Omehia, seeking the ouster of Rivers State Governor Chibuike Rotimi Amaechi. According to the faction, “Omehia has been in court since the Supreme Court removed him shortly after he erroneously assumed office as Rivers State Governor in 2007, declaring Amaechi to be the rightful occupant of the Brick House Government House. Strangely, Omehia has refused to end the litigation process despite Amaechi having finished that tenure and winning a re-election thereafter.” Continuing, the splinter PDP in a release said: “We are, however, not surprised by his attitude, for apart from being desperate for power, Omehia has allowed himself to become a tool in the hands of the acting Minister of Education, Chief Nyesom Wike, who has devoted enormous resources towards the destabilization of the Amaechi administration just to please his paymasters in Abuja.”
Amaechi recently started another legal battle but this time with the National Judicial Council (NJC). Like other cases involving Governor Amaechi, Nigerians are watching with keen interest on how he survives this.
Based on the Federal High Court ruling approving Justice Peter Nwoke Chukwuma Agumagu as the Chief Judge of Rivers State, Amaechi supervised his formal swearing-in ceremony. However, after few days, the NJC came up with a verdict suspending the newly appointed Chief Judge. This again is unprecedented in the history of appointment of Chief Judges in any other State in Nigeria.
Before his appointment as the State’s new Chief Judge, Justice P. N. C. Agumagu was the first ever President of the Rivers State Customary Court of Appeal. He is a former state High Court Judge and the seventh Chief Judge of Rivers State.
On 27th March, 2014, the NJC suspended Justice P. N. C. Agumagu, from office, and directed that he should, within four days, explain in writing why he should not be sacked as a judicial officer. The Council, which took the decision at the end of an emergency meeting in Abuja, said it suspended the Rivers CJ over his failure to abide by the Oath of Office he took to uphold the Constitution and Laws of the Federal Republic of Nigeria.
According to Acting Director of Information at the NJC, Mr. Soji Oye, in a press statement: “At its 10th Emergency Meeting, which was held on March 26, 2014, the National Judicial Council under the Chairmanship of the Chief Justice of Nigeria, Hon. Justice Aloma Mariam Muktar (GCON), considered the purported appointment, confirmation and swearing-in of Hon. Justice P. N. C. Agumagu as the substantive Chief Judge of Rivers State on March 18, 2014.
“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 Agumagu from office as a judicial officer with immediate effect.”
Reacting to all the brouhaha, a UK-based Social Commentator, Emeka Reuben Okala, said: “I join other Nigerians to congratulate the articulate Governor of Rivers State, Rt. Hon. Chibuike Rotimi Amaechi, on the battle well fought and job well done on this issue. In all of these, Amaechi clearly stands on the pedestal of truth and that’s the magic behind his countless victories.
On his part, Nebukadineze Adiele, social commentator, ssaid “The idea that a customary court judge could not be appointed a Chief Judge of a state was thoughtlessness taken too far. The NJC shamed itself by practically dictating to the governor as to who to appoint CJ. Kudos to Amaechi for standing firm on his belief and for trusting the judiciary into resolving this matter. His tenacity over this matter is a public service to other governors and future governors. A timid governor would have buckled when pressured from all angles not to appoint Justice Agumagu as Chief Judge of Rivers state. I am both a fan and a critic of Chibuike Amaechi – I support him when he gets things right and I get on his case when he goofs. On the appointment of Justice Agumagu as Rivers state Chief Judge, Governor Chibuike Amaechi showed tremendous courage under fire and his action will remain as revolutionary (over judicial appointments in Nigeria) as the circumstances he overcame in becoming governor. That the most senior judge in the state should have been denied appointment into the Chief Judgeship, simply because he was a customary court judge, would have been blatantly discriminatory, stupid, and legally not justifiable. There are instances when one cannot help but admire Chibuike Amaechi’s confidence and convictions. This is one such instance.”
As the serving Governor of Rivers State, Amaechi caused his Attorney-General to challenge the transfer of some oil wells from Rivers State to Akwa Ibom State. The Supreme Court eventually ruled in favour of Rivers State in that case. A lot of articles and statements were written following the K-legged episode that was the outright hijack of the 2007 PDP gubernatorial ticket from Rt. Hon. Chibuike Rotimi Amaechi ahead of the 14th April, 2007 election in Rivers State. This occurred despite his landslide victory at the primaries where he clinched 6,527 of the 6,575 possible votes while seven other aspirants that included political heavyweights like Hon. Chief Austin Okpara, a former Deputy Speaker of the Federal House of Representatives; late Senator Martin Yellowe; Pawariso Horsfall; and Mr. Chris Orji shared the remaining 48 votes amongst themselves. Amaechi’s name was subsequently forwarded to the Independent National Electoral Commission on December 14, 2006 in compliance with Section 32(1) & (2) of the Electoral Act 2006. INEC then duly published Amaechi’s name as the gubernatorial candidate of the Peoples Democratic Party in Rivers State.
The story however took a different turn when, speaking at the presentation of the party flag to its gubernatorial candidate at the Liberation Stadium, Port Harcourt, former President  Olusegun Obasanjo, declared that Amaechi’s candidacy had “k-leg”. Following this outright abuse of office, the dreaded bulldog that was the Nuhu Ribadu-led Economic and Financial Crimes Commission (EFCC) was let loose on Rt. Hon. Chibuike Amaechi, resulting in his decision to seek legal redress for his travails. Suffice it to say, Amaechi went on self exile to Ghana and the powers that be further showed their contempt for him by selecting his cousin, Sir Celestine Omehia, who neither purchased nor filled a form, as PDP flagbearer in his stead.
stated that it is the party that contests elections and that the PDP won the gubernatorial elections, and that, consequently, Amaechi, being the rightful candidate, should assume power as governor.
This epochal feat stands as Amaechi’s greatest input towards the growth of judiciary in the political life of Nigeria as it has become a reference case in determining similar cases in Nigeria today.
Governor Amaechi is, undoubtedly, one of the most visible governors in Nigeria today. His long-running feud with President Jonathan and his wife, Dame Patience, has earned him national and international media visibility. However, it is not just the poignant quarrel and concentrated animosity that exist between him and the First Family that have made him such a popular governor.
Governor Amaechi’s media visibility is essentially because of his statements and actions. In his own words: “If you know Baba very well, you will know that I am a smaller version of Baba”, situating himself and former President Olusegun Obasanjo who is also acclaimed for his no-holds-barred statements as well as the natural instincts that drive Obasanjo’s physical reactions which are most times suffused with comical dimensions.
Concluded.
Eze is a Port Harcourt based media  consultant.
Eze Chukwuemeka Eze