NJC Erred On Agumagu’s Suspension, APC Insists

Vice President Namadi Sambo (right), being decorated by the Chairman, Federal Civil Service Commission, Deaconess Joan Ayo, at the 60th Anniversary of Nigerian Public Service and Presidential Lecture in Abuja, yesterday . Left is the Chairman of the anniversary, Chief Emeka Anyaoku.

The Rivers State Chapter of the All Progressives Congress (APC) says it has watched with amazement what it dubbed ‘macabre dance’ of the National Judicial Council (NJC) with regard to the appointment of Justice Peter N.C. Agumagu as the chief judge of Rivers State by the state government.
“The height of this was the suspension of Justice Agumagu by the NJC barely days after he was sworn-in as Rivers’ chief judge. The Rivers APC is convinced that the NJC erred seriously on this issue as due process was not followed in Justice Agumagu’s suspension, and we wish to request the revered NJC to reverse this decision in the interest of justice,” the party said in a press statement signed by Senior Special Assistant on Media and Public Affairs, Eze Chukwuemeka Eze.
According to the party, “going by the provisions of section 171 (1) of the 1999 Constitution (as amended) and section 21 (d) part 1 of the Third Schedule of the 1999 Constitution, it is clear that the powers of the National Judicial Council (NJC) have to do only with ‘recommending’ to both the president and state governors on the appointment and disciplining of justices and judges.
“It was in line with this that the NJC recommended to President Goodluck Jonathan the suspension of the President of the Court of Appeal, Justice Ayo Salami. President Jonathan accepted the recommendation and suspended Justice Salami. After due investigation, Justice Salami was cleared of any wrongdoing. The NJC again recommended his reinstatement but President Jonathan did not accept the recommendation, hence Justice Salami was never reinstated,” the APC said.
With reference to Rivers State, APC noted that “there is a judgment of a competent court headed by Justice Lambo Akanbi of the Federal High Court, Port Harcourt, upon which the state House of Assembly and Governor Chibuike Amaechi acted in clearing and swearing in Justice Agumagu as the chief judge of Rivers State. In the said judgment, NJC was a party. NJC has a right of appeal but under part 1, section 21 (d) of the Third Schedule of the 1999 Constitution, the NJC has no power to suspend Justice Agumagu. To make matters worse, NJC breached Agumagu’s fundamental right to fair hearing by suspending him without affording him the opportunity to be heard. The purported query should first have been given to him to defend himself before suspension, if found wanting. The NJC has certainly gone beyond its powers. NJC is totally partisan in this particular issue affecting Rivers State as it has clearly demonstrated in this case”.
The party admonished the NJC and any other interested parties that Justice Agumagu was duly approved by a court of competent jurisdiction and duly screened and cleared by the Rivers State House of Assembly.
“Due process was clearly followed in his appointment as the chief judge of Rivers State, and any act by anybody to malign the impeccable character and achievements of this great jurist is not welcome by the people of Rivers State”, the statement added.