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Amaechi Assents To New High Court Law …As Rivers People, NANS Protest NJC’s Action
Rivers State Governor Chibuike Rotimi Amaechi has assented to the State High Court (Amendment) Law 2014 which amended Section 40 of the Principal Law of 2001.
The amendment was passed by 17 lawmakers of the Rivers State House of Assembly shortly after a public hearing was held to get public opinion and contribution on the new bill last Wednesday.
Part of the new law states that: “Where the Office of the Chief Judge is vacant and it is impracticable to appoint an acting Chief Judge, or a Chief Judge, the Chief Registrar shall assign cases to any judge and perform other administrative duties until an acting Chief Judge or a Chief Judge is appointed.”
In the same vein, member representing Andoni,Opobo/Nkroro Federal Constituency, Hon. Dakuku Peterside said: “The process has always been for the governor to make recommendations to the NJC, which in turn forwards a name for approval and appointment by the governor. And when the governor refuses, he appoints an acting Chief Judge.
In the case of Rivers State, the NJC wrote to all judges not to accept appointment as acting Chief Judge. The matter went to court and the government got a favourable judgment and then appointed Justice Peter Agumagu as Chief Judge. The NJC suspended him. They have gone ahead to appoint one of the judges as acting CJ. Why is the NJC bent on the appointment of a particular judge as Chief Judge?”
Hon. Peterside, said the protest was to save democracy and ensure that the rule of law was in place.
According to him, no institution of government was above the law in the country.
“What is happening today is that the people of Rivers State are doing everything possible to protect the rule of law and democracy. You can see clearly that our people know that the only way to sustain democracy is to fight for it. We are following due process to ensure we enforce the law,” he said.
The state Commissioner for Information and Communications, Mrs. Ibim Semenitari, who also spoke, said the people were protesting the alleged back door appointment of Justice Daisy Okocha as administrative Chief Judge of the state.
According to her, the intention of those behind the appointment was to allegedly use her to impeach the governor of the state with the aid of the anti-Governor Chibuike Rotimi Amaechi lawmakers.
She added that the title administrative chief judge was unknown to law, adding that Rivers people would resist every step to plant undemocratic acts in the state.
She accused Justice Okocha of breaking into the High Court premises last Tuesday, an act she said was unlawful.
Meanwhile, millions of people resident in Rivers state last Wednesday staged a protest in Port Harcourt to register their displeasure over the recent directive by the National Judicial Council (NJC), that Justice Daisy W. Okocha take charge as administrative Judge of the state High Court, pending the appointment of a substantive Chief Judge in the State.
The protesters, marched around the Judiciary complex on Azikiwe Road through Bank Road to the State Secretariat complex before gathering at the Government House gate as they vowed to oppose what they described as “double standard and impunity of the NJC”, in the State.
The Tide learnt that the protesters, who stormed the state capital from the 23 local government areas of the state, besieged the Azikiwe Road by the Post Office Bus Stop as early as 6 am, causing gridlock along the every busy UTC/Lagos bus stop route in the Old Port Harcourt City metropolis
The protesters, who were also protesting against the breaking and entry into the Judiciary complex last Tuesday, by Justice Daisy Okocha, despite the ongoing indefinite strike embanked upon by members of the Judiciary Staff Union of Nigeria (JUSUN), Rivers State chapter.
Members of JUSUN had last Tuesday embarked on an indefinite strike action to, among other reasons, protest against what they described as “insecurity at the work places” as well as the consistent bombing of High Courts across the State.
Our Correspondents, who monitored the protest, report that armed Policemen stationed around the Judiciary complex prevented the angry protesters from gaining access into the complex.
The Police team leader, Clement Okonkwo, who later spoke to the protesters, told them that the Police were drafted to the area to maintain peace as well as prevent the breakdown of law and order.
Addressing the protesters on behalf of the National Assembly members, the Senator representing Rivers South-East, Senator Magnus Abe said the people cannot accept the imposition of a Chief Judge on the state through the back door by the National Judicial Council.
Senator Abe accused the NJC of politicising the issue of the appointment of the state Chief Judge, adding that the constitution provides that the state governor has the sole powers to appoint a Chief Judge of a state.
“We cannot accept the imposition of an administrative Judge in the state by the NJC. The Constitution is clear on the appointment of a Chief Judge in the State”, he said.
According to him, “the person who NJC purportedly appointed has a brother as a member of the NJC. The people who are to uphold the constitution are the ones destroying it. We will not allow such thing to happen. We will resist those who want to bring ananchy in the State.”
The Senator assured the protestants that members of the National Assembly would support every efforts and moves that would rebuff the alleged undemocratic act of the NJC to foist an acting Chief Judge on the State.
Also speaking on behalf of the 23 local governments of the state, the Chairman of Eleme Local Government Council, Oji Ngofa said it was unlawful for NJC to impose a chief Judge on the state, adding that the NJC has usurped the powers of the State Governor, Rt. Hon. Chibuike Rotimi Amaechi.
Hon. Orji, who is the State Chairman of ALGON, also vowed that the people of the state would not in any way abide by such directive, adding that the NJC’s action has caused monumental upheaval in the administration of Justice in the State.
In a related development, the National Association of Nigerian Students (NANS), Zone B, has rejected the imposition of Hon. Justice Daisy Wotube Okocha as the administrative Judge of Rivers State judiciary by the National Judicial Council (NJC).
The NANS Zone B comprises all the 11 states in the South South and South East of Nigeria.
The association, which said this at a crowded press conference in Port Harcourt also condemned the grounding of the State Judiciary and its resultant delay of Justice in the State.
The NANS Zone B Assistant Secretary General, Comrade Lah Amabu, who read the speech on behalf of the association, said that “the students body rejects in its entirety the action of the National Judicial Council on the issue of a Chief Judge for Rivers State.
“This is alien and not provided for in the constitution of Nigeria. We will oppose all moves that run contrary to the constitution”, he said.
The association, which equally condemned the forceful entry into the State Judiciary complex by Hon. Justice Daisy Okocha when the workers were on strike, also commended the Rivers State House of Assembly for the speedy passage of the Rivers State High Court Amendment law which empowers the Chief Registrar of the State High Court to assign cases to Judges in the absence of a Chief Judge.
“We equally hail the courage of Governor Chibuike Rotimi Amaechi for his sensitivity to public opinion and commitment to the rule of law by assenting to the Rivers State High Court Amendment law passed by the State House of Assembly without delay.
“This will relieve litigants in the state and make way for quick dispensation of justice, NANS said.
The students also warned that they will not hesitate to fight against impunity in the State.
Also speaking, a past president of the Student Union Government (SUG), University of Port Harcourt, Mr. Owhorkire Rhino urged politicians to toe the parth of peace as the students will no longer tolerate the continuous violation of the constitution by the political class.
On his part, the Interim Co-ordinator of Youth Network for Democracy, Mr. Aselemi Ibrahim urged the Chief Registrar to swing into action by assigning cases to Judges.
Rivers State indigenes protesting against the imposition of Justice Daisy Okocha as Administrative Judge of the High Court on Rivers people at the state High Court premises, last Wednesday. Photo: Egberi Sampson
Akujobi Amadi & John Bibor