Rivers AG Faults Lawyers On CJ’s Appointment

The Rivers State Attorney General and Commissioner for Justice, Prof Zacchaeus Adangor, says neither the National Judicial Council (NJC) nor the governor of a state was obligated to recommend or appoint the most senior judge of the High Court as substantive chief judge of a state.
Adangor, who is also a Senior Advocate of Nigeria (SAN), made this assertion while reacting to a statement credited to a group, Concerned Lawyers in Rivers State led by Secretary of the Nigerian Bar Association (NBA), Port Harcourt branch, Barrister John Owubokiri, impugning the recommendation of Justice Simeon Chibuzor Amadi by the NJC to the governor of Rivers State for appointment as substantive chief judge of the state upon the retirement of the current chief judge.
He argued that it was wrong for the Concerned Lawyers to rely on what they deemed “Judicial tradition” to demand that the NJC should have recommended Justice Joy Akpughunum to the governor of Rivers State as the next substantive chief judge based on seniority from amongst the serving judges on the High Court Bench of Rivers State.
The attorney general explained that his understanding of the law was that a rule of “judicial tradition”, if one really exists, was only relevant where there was no applicable rule of substantive law governing the particular issue in question.
According to him, the rule of judicial tradition cannot be relied upon to subvert or supplant an applicable rule of substantive law on any issue.
Citing Section 271(1),(2),(3) and (4) of the 1999 Constitution as amended, he said there were two separate schemes governing the appointment of chief judge of a state.
“It is clear from a literal construction of the said provisions that under Section 271(1) of the Constitution, read together with Sub-Sections (2) and (3) thereof, there is no prescription that the governor shall appoint the most senior judge of the High Court as the substantive chief judge of the state based on the recommendation of the NJC.
“In order words, neither the NJC nor the governor is enjoined or obligated to recommend and or appoint the most senior judge of the High Court as the substantive chief judge of the state. This leaves the NJC with discretionary power to recommend any judge of the High Court of the state that is considered most suitable, to the governor, for appointment as the substantive chief judge of the state.”