Editorial
RSG, NJC And The Judiciary
Rivers State Governor, Chibuike Rotimi
Amaechi last Thursday, signed into law
the State High Court (Amendment) Bill 2014 which amended section 40 of the principal law of 2001. Part of the new law empowers the Chief Registrar to assign cases to judges and perform other administrative duties pending the appointment of either an Acting Chief Judge or a substantive one.
This intervention by the state House of Assembly deserves thorough appraisal. The amendment which was passed by 17 lawmakers after a public hearing last Wednesday, was, without doubt, meant to address the void caused by the impasse over the appointment of a Chief Judge for Rivers State, and its attendant stagnation of the courts in Port Harcourt.
Ordinarily, the appointment of a Chief Judge should not generate such bad blood if the laws of the land are respected.
Section 271(1) of the 1999 constitution as amended states: “The appointment of a person to the office of Chief Judge of a state shall be made by the Governor of the state on the recommendation of the National Judicial Council (NJC) subject to confirmation of the appointment by the House of Assembly.” This means, the appointment of a Chief Judge must enjoy inputs from the three arms of government, namely the Executive, the Judiciary itself and indeed the Legislature.
However, Section 271 (4) spells out the process for the appointment of an Acting Chief: “If the office of the Chief Judge of a state is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding the office had resumed those functions, the Governor of the state shall appoint the most senior Judge of the High Court to perform those functions.
In this respect, the state Governor appointed Justice Peter Agumagu, who the state insists is the most senior Judge even though he later became President of the Customary Court of Appeal, a position which the National Judicial Council (NJC) considered illegal preferring instead, Justice Daisy Okocha as most senior of the High Court. In the impasse that followed, both the Rivers State Government and the NJC stuck to their own understanding of the constitutional provision, until the former approached the Federal High Court in Port Harcourt to seek legal interpretation.
The Tide learnt that the Justice Akanbi-Federal High Court gave the NJC power to recommend would-be Chief Judge nominees to the Governor but that such recommendations are not sacrosanct as a governor could either accept or reject same.
That being the case, the NJC should have challenged the Judge’s pronouncement on appeal as soon as the ruling was made available to it. That way, any likely derailment of the constitutional process, in the appointment of a Chief Judge, would have been addressed.
Instead, the impasse was allowed to escalate culminating in the suspension of Justice Agumagu and the assigning of administrative duties to Justice Daisy Okocha, a step which the state government insists, lacks constitutional backing, hence, an illegality.
Sadly, in the midst of the protracted log jam, the loser remains the state and indeed litigants seeking justice, not to mention staff of the state judiciary who are still on strike over fears for their lives, among many other concerns.
Perhaps, the State Assembly, considered it as most crucial imperative to save the judiciary from total stagnation by opening doors to litigants and others who may seek justice. This is because, without such cases being assigned to competent courts and judges, the stagnation would linger on.
It is from this perspective that The Tide greets the opening created by the Assembly for the Chief Registrar, to temporarily assign cases, pending the resolution of the substantive disagreement. We urge all stakeholders to appreciate the plight of the ordinary man and woman in search of justice, and sheathe their swords. After all, the judiciary remains the common man’s last hope, which, when denied could push many to try dangerous alternatives.
The Tide urges the NJC to challenge the Akanbi ruling on the issue, if it is not satisfied, as the first necessary step of demonstrating its respect for the rule of law which can be protected only, when, it is clearly shown that none is above the law. The easiest way is to respect court rulings on contentious issues, no matter how unpalatable they might be.
That indeed is the beauty of our legal system.
Editorial
That Oshiomhole’s Call On FG’s Road Projects
There are moments in the life of a legislature when plain speaking becomes a public service. Senator Adams Oshiomhole provided such a moment on the floor of the Senate when he accused the Minister of Works, Senator David Umahi, of manifestly neglecting critical federal arteries in Edo and Delta States, and implored his colleagues to prevail on the Minister to adopt a more equitable and genuinely national approach to road infrastructure delivery. It was blunt, it was uncomfortable, and it was necessary.
The specifics of his complaint deserve restating. Drawing attention to the recent approval of some 20 new road projects despite the parlous state of existing ones, the former Edo State governor lamented that Nigerians cannot travel from Benin to Warri, Benin to Asaba, Benin to Auchi, or Auchi to Okene without encountering severe distress. He alleged a deliberate omission of these corridors from the national budget in the last three years, save for palliative interventions directed by President Bola Tinubu through tax credit arrangements. His question — “What have we done wrong?” — resonates far beyond the chambers of the National Assembly.
We lend our full and unequivocal support to that call. The Auchi-Benin Road, for instance, has been in a deplorable and near-impassable condition for several years, turning what should be a two-hour journey into an all-day ordeal of broken axles, extortionate fares, and despondent commuters. The media have, on multiple occasions, chronicled the suffering of motorists, traders, and students who ply that route. To describe it as a federal road today is to stretch the meaning of the term beyond recognition.
This pattern of sidelining is not confined to Edo or Delta. Even here in Rivers State, the disposition of the Federal Ministry of Works has left much to be desired, particularly along the Eleme axis of the East-West Road. That road, which ought to be a flagship of federal presence in the Niger Delta, has remained in a wretched state for long. Those who use it daily — workers at the Eleme Petrochemical Complex, the two refineries, Onne Port, and the countless ancillary industries — can attest to its deterioration. Work has proceeded in fits and starts without the sustained urgency such a strategic road demands.
The Eleme stretch is not a mere intra-state byway. It is the gateway to the nation’s economic jugular. According to the Federal Ministry of Works and Housing’s 2023 Highway Condition Survey, only about 35 per cent of the country’s 36,000 kilometres of federal roads are rated as being in good or fair condition, with the remainder classified as poor or very poor. The East-West Road, conceived in the 1970s to bind the entire Niger Delta, remains unfinished in critical sections more than four decades after. If it had been treated as a priority, the perennial gridlock, carnage, and economic loss on the Eleme-Refinery junction would have long been consigned to history.
The irony is as painful as it is glaring. The Niger Delta remains the goose that lays the golden eggs. Data from the Nigeria Extractive Industries Transparency Initiative [NEITI 2023 Oil and Gas Audit] show that the region still accounts for over 78 per cent of Nigeria’s federally collected export earnings and about 65 per cent of total government revenue. The National Bureau of Statistics [NBS Foreign Trade Report Q4 2024] similarly confirms that crude oil continues to dominate export receipts. By every metric of equity and economic logic, a region that sustains the national purse deserves first-rate consideration in the allocation of infrastructure, not afterthoughts and tokenism.
Road infrastructure is not largesse to be dispensed by favour; it is the skeleton upon which commerce, cohesion, and citizenship hang. When contracts are concentrated in one geopolitical zone while other zones are left to contend with craters, it erodes trust in the federation itself. The World Bank’s Nigeria Development Update [June 2023] estimated that poor transport connectivity inflates the cost of moving goods by up to 40 per cent and costs the Nigerian economy an estimated $1.5 billion annually in lost man-hours and vehicle maintenance. If we profess to be one country, then equity must be the compass that guides key institutions before any project is executed. Development must spread round, not pool in one place as though other regions do not matter.
There is also a grave security dimension that can no longer be ignored. The deplorable condition of federal roads has become a veritable enabler of criminality. The NBS Crime Experience and Security Perception Survey reported over 2.5 million incidents of kidnapping-related occurrences nationally, with transport workers identifying bad road spots as prime ambush points. When vehicles are forced to crawl at 10 kilometres per hour through failed sections at Auchi, Sapele Road, or Eleme, they become sitting ducks for armed gangs. Fixing bad roads, therefore, is not merely about convenience; it is about safeguarding lives.
By his intervention, Senator Oshiomhole has hit the nail on the head and reminded Minister Umahi of a fundamental constitutional truth: public office is held in trust. The Ministry of Works is not a personal estate where contracts are awarded according to whim or political convenience. It is a national institution funded by the collective resources of Nigerians, including the oil and gas rents from the very communities whose roads are now neglected. The Minister must demonstrate balance, transparency, and a pan-Nigerian outlook in the distribution of projects that impact the daily existence of citizens. Selective neglect breeds suspicion, and suspicion is corrosive at a time when the nation is preaching unity, oneness, equity, and justice.
Consequently, the National Assembly must go beyond rhetoric and assert its oversight powers with vigour. Sections 88 and 89 of the 1999 Constitution [as amended] empower the legislature to investigate and expose any maladministration in the execution of federal projects. If an office holder is not acting rightly, it is the duty of the Senate and the House of Representatives to call him to order. Oversight must not be reduced to budget approval ceremonies; it must translate to field verification, public hearings, and insistence that the Federal Character principle, as enshrined in Section 14(3) of the Constitution, reflects in road awards.
Let the Auchi-Okene, Benin-Warri, Benin-Asaba, and Eleme East-West gangways be restored to motorable dignity. Let priority be given to completing existing, economically vital roads before embarking on new ones. If those who, through their resources, sustain the federation are sidelined in the distribution of tangible dividends, it tells poorly of our nationhood. Bad roads must be fixed, and they must be fixed now, with fairness as the guiding standard.
Editorial
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