Between Amaechi And NJC

For the past three
months, judicial activities in Rivers State have remained crippled following the strike action embarked upon by the Rivers State chapter of the Judicial Workers Union of Nigeria.
The reason for their action, according to the union, was as a result of the unresolved issue over the appointment of the state judge.
Another reason for the strike action, it said, was the level of insecurity that recently engulfed the courts in Rivers state, following the spate of bombing of courts across the state.
It would be recalled that recently both the Ahoada and Okehi High Court were bombed by unknown persons and case files and other valuable documents destroyed.
The Rivers State Government had also recently issued a directive to judicial workers across the state against taking directive from Hon Justice Daisy Okocha, warning that anyone doing so will be sacked.
It must be noted that, the issue of a new Chief Judge for Rivers State has polarized the state along political lives.
Accusations and counter accusation are being hurled at each other.
In the midst of the crisis is Governor Chibuike Rotimi Amaechi and the National Judicial Council (NJC ) as well as a Senior Advocate Nigeria and former president of the Nigerian Bar Association, O.C.J. Okocha.
The Governor’s camp has accused the National Judicial Council (NJC) of violating the constitution by appointing Hon Justice Daisy Okocha as the state chief judge.
The Governors camp has also blamed the crisis on the influence of O.C.J. Okocha who is a member of the NJC.
On the other hand, however, the camp of the opposition has also accused the governor’s camp of politicizing the matter since the NJC has the constitutional responsibility of appointing a chief judge for the state.
According to the opposition camp, since the constitution recommends the most senior judge in the state judiciary to be appointed a Chief Judge, Justice Daisy Okocha qualifies for it, as Justice Peter  Agumagu who is supposedly the most service judge is in another jurisdiction as the President of the Customary Court of Appeal.
Legal practitioners in the state have also argued in favour of and against the action of the National Judicial Council (NJC) over the issue.
The sad aspect of the issue is that the administration of Justice in Rivers State is under threat.
But the question that is begging for answers is: Between Governor Amaechi and the NJC, who has the constitutional power to appoint a Chief Judge for the state.
The 1999 constitution, it must be noted, confers the power of appointment of a chief judge for the state on the Governor who is the Chief Executive of the state.  But this is subject to the ratification of the NJC.
The constitution also says that the Governor also has the right to reject a nomination by the National Judicial Council.
According to the chief judge of one of the South-Eastern states, the power of a Governor of a state to appoint a chief judge is sacrosanct and cannot be usurped by any commission in whatever name it is called.  So, if this is the case who has the power to appoint a chief judge for the state, is it the NJC or Governor Amaechi?
It is expected that in a democratic society such as ours, every organ of government must act within its constitutional bounds in the interest of the society as a whole.
As it is now, the people appear to be caught on the crossroad as there seems to be no way out of the logjam one year after.
Just as the adage says, “When two elephants fight, the grass suffer”. In this case; the grass refers to the thousands of litigants waiting to prosecute their cases, thousand of lawyers who earned their living through prosecution of cases; thousands of inmates awaiting trials in police custody, and thousands of others who do one form of businesses or the others in the courts.
There is need for the application of the constitution in every facet of our human endeavour, irrespective of whose interest is at stake.
NJC or no NJC, the right thing must be done.  The power of the Governor to appoint a chief judge for a state as specified by the constitution, which is the supreme law of the land, must be preserved and enforced.
Against this background  that Governor Chibuike Rotimi Amaechi, who is the chief law officer of the state, must be allowed to exercise his constitutional power in the appointment  of who ever he deems fit to occupy the position of the state chief judge.
Politicians must put the interest of the society above personal and parochial interest and allow the right thing to be done.
Etavwodo writes from Port Harcourt.

Daniel E.Etavwodo