Swearing-In: NBA Urges NJC To Lift Agumagu’s Suspension

As the debate over the possibility of swearing-in of the governor-elect on May 29, continues,  former Chairman of Nigeria Bar Association (NBA), Isiokpo branch, Barrister Ndu Agumagu, has called on the National Judicial Council (NJC) to lift the suspension on Justice Peter Agumagu.
Agumagu made the plea Wednesday during a chat with newsmen in Port Harcourt, saying such measure will avert a looming constitutional crisis over the swearing-in of governor-elect, Chief Nyesom Wike on May 29th.
The former chairman of NBA, Isiokpo branch, maintained that anything that falls short of section 185, subsection 2 of the Constitution will create a legal loophole and engender crisis in the state.
He, therefore, urged all stakeholders in the judicial sector to unite and prevail on the NJC in order to avert a political log-jam in the state.
In the words of the lawyer, “I am calling on the National Judicial Council, as a matter of necessity, to lift the suspension on Justice Agumagu as the chief judge of Rivers State to avert an unnecessary constitutional crisis, as the Constitution provides in section 185, subsection 2 that it’s only the Chief Judge, President of Customary Court of Appeal or a Grand Kadi, or any person appointed to act in the aforesaid positions can swear-in the governor of a state. This is the only panacea to the legal quagmire playing out in Rivers State on May 29th and beyond.”
It would be recalled that Rivers State Governor, Chibuike Amaechi on August 20, 2013, had sworn- in Justice Peter Agumagu, who was the President of the Customary Court of Appeal in the state at the time as the state chief judge.
The appointment of Agumagu was sequel to the retirement of former CJ, Justice Iche Ndu, after serving his terms meritoriously in the state.
Agumagu’s name had been sent to the state House of Assembly, who had cleared him, thus paving the way for his inauguration by the governor.
The appointment of Justice Agumagu had generated a legal tussle between the Rivers State Government and the NJC, after the new chief judge was suspended by the judicial body in March 2014.
Agumagu had gone to court to challenge the suspension.
However, earlier judgment by Justice Lambo Akanbi had ordered that Justice Peter Nwachukwu Nwoke Agumagu, former President of the Customary Court of Appeal, be immediately sworn-in as the new CJ of the state.
This order was carried out almost immediately after Agumagu was screened by the state lawmakers, and few hours later, the state governor administered the oath of office on him.
Justice Akanbi had said the 1999 Constitution was explicit on the appointment of a state Acting Chief Judge.
“The question as to who qualifies to be appointed as Acting Chief Judge of the state has generated a lot of needless controversy. The provision of section 271, sub-section 4, of the Constitution is very clear, explicit and without ambiguity. It says the governor shall appoint the most senior judge of the High Court,” he said.
Justice Akanbi’s first judgment, on February 18, on whether Justice Agumagu was qualified to be the chief judge of Rivers State was delivered in these words: “The question on who should be appointed acting chief judge of the state has generated needless controversy. The provision of Section 271 sub-section (4) of the constitution is very clear, explicit and without ambiguity”.
Justice Akanbi, however, refused to grant the prayer of the plaintiffs, asking the judge to give an order for Justice Daisy Okocha to be sworn-in as Acting Chief Judge of the state.
Justice Akanbi noted that doing that will amount to usurping the powers of the governor and the National Judicial Council to pick a judge for the said position.

President-elect, Muhammadu Buhari (left) exchanging banters with Senate President, David Mark when the latter paid a courtesy visit on the former in Abuja, yesterday