Appeal Court Takes Over Rivers CJ Case; To Hear Agumagu’s Motion …As Judiciary Workers Begin Nationwide Strike

A federal High Court in Port Harcourt, the Rivers State capital, yesterday transferred the suit challenging the appointment of Justice Peter Agumagu as the substantive Chief Judge of the state to the appellate Courts for continuation and determination of a motion bordering on the jurisdiction of a Federal High Court to hear the matter.
The transfer of the matter to the appellate Court by the trial Judge, Justice A.H. Ngajiwa followed a ruling on Notice of Appeal brought before the court by counsel to the 5th defendant, Justice Peter Agumagu, B.E.I. Nwofor (SAN).
It would be recalled that the trial Judge, Justice A.H. Ngajiwa had in his ruling at the preliminary trial, ruled that the court would not hear the application/motion brought by Justice P. Agumagu challenging the jurisdiction of the court to hear the suit which purely bordered on a state matter in a Federal instead of state court, until the determination of the substanstive suit.
Justice Agumagu, not satisfied with the ruling of the lower court, through his Counsel, B.E.I. Nwofor, approached the Appeal Court to determine whether the ruling made on June 26th, was proper and in line with the law.
Ruling on the application on the Notice of Appeal and adjourning “sine dine”, Justice A.H. Ngajiwa ordered that the suit be transferred to the Appeal Court as requested by the 5th defendant, adding that it was a matter of law, that when a matter is challenged at a higher court, the lower court suspends trial pending the decision of the higher court on the issue under appeal.
Justice Ngajiwa, however, refused to adjourn the trial sine dine’ which was part in the prayers sought by the defendants, but directed that all the parties should report to the court on October 21st, 2014, to brief the court on the progress made so far on the case.
The trial judge, later adjourned the matter to 21st October, 2014, for briefing on appeal.
Speaking to journalists shortly after the ruling, Counsel to Justice Peter Agumagu, B.E.I. Nwofor (SAN), said the court ruling was in line with the application sought by his client, adding that in-law, his client has right of appeal.
The learned Senior Advocate of Nigeria (SAN) said that the issue of jurisdiction was paramount for a court to decide first before going into the merit of the entire suit.
Also speaking, Counsel to the Rivers State House of Assembly, E.N. Ebete opined that the judge did not erred in his ruling, adding that every person in any matter has the right to appeal a judgement that he/ she feels is not satisfactory.
In his response, Counsel to the 6th defendant, Justice Daisry Okocha, Barrister Dike Udenna, averred that there was nothing wrong in the decision of the court to transfer the matter to a higher court on the grounds of an appeal brought before the court, adding that he is ready to argue his matter at the Appeal court.
Meanwhile, the Judiciary Staff Union of Nigeria (JUSUN) has directed its members at the state levels across the country to embark on an indefinite strike beginning from today.
This implies that various state courts across the country may not be opened for sittings as from today until JUSUN directs otherwise.
The union, in a communiqué yesterday, said the strike was, among others, to press home its demand for various state governments in the country to comply with court judgements which granted financial autonomy at both the state and federal levels.
In the communiqué, which was issued in Abuja at the end of the emergency meeting of the National Executive Committee of the union, JUSUN also expressed support for the ongoing strike embarked upon by its members in Rivers State as a result of the current judiciary crisis in the state.
The communiqué was jointly signed by the National President of the Union, Mr. Marwan Adamu, and General Secretary, Mr. Isaiah Adetola.
The union directed its members in the federal judiciary to be on the alert as they could also be asked to join the strike anytime in solidarity with their state counterparts.
The communiqué reads in part” “After the exhaustive deliberation on the refusal/failure of state governments to respect/implement the Federal High Court, Abuja, judgement /orders in respect of financial autonomy of state judiciaries as well as failure of stakeholders to abide by the decision to set up a technical implementation committee of the FAAC meeting of June 17, 2014, it is resolved by NEC as follows:
“That all Judiciary staff at state level nationwide should proceed on an indefinite strike with effect from Friday, July 11, 2014.
“That the national secretariat of the union shall notify federal judiciary workers to join the action as events unfold.
“That the National Executive Committee of the union, after a review of events in Rivers State Judiciary, also resolved that JUSUN members in the state should continue and sustain their current strike until the major stakeholders, find an amicable resolution of the leadership crisis in Rivers State judiciary. Meanwhile, the NEC-in-session has announced total takeover of action in Rivers State”.
The union described as “unfair” the situation whereby the National Judicial Council and the Rivers State Judicial Service Commission were issuing separate conflicting directives for and against returning to work.
It added that its members could not serve two masters.

A new Port Harcourt Mall, the biggest ever in the South-South of Nigeria, being built under the Public Private Partnership of the Governor Chibuike Amaechi led administration in Rivers State