Opinion
Acting CJ’s Appointment In Order
The answer to the posed question herein above is a loud and confident no. Far beyond the acceptance and appreciation of the Executive Governor of Rivers State’s appointment of the Honourable Justice P. N. C. Agumagu as the Acting Chief Judge of Rivers State on the zo’’ day of August 2013 by the majority of the membership of the Nigeria Bar Association; Port Harcourt, Ahoada, Isiokpo and Bori Branches of the association, the Acting Chief Judge’s Brother Judges and the entire Staff of the Rivers State High Court, is the outstanding issue of whether My Lord the Acting Chief Judge has functioned in that office from the 20th of August 2013 till date.
Facts chronicled hereinunder will indicate clearly that before the Rt. Hon. Rotimi Chibuike Amaechi exercised his constitutional right in appointing the Hon. Justice P.
N. C. Agumagu (the most senior Judge in the said High Court) as the Acting Chief Judge, who has never acted in dual capacity; the 2012/2013 Legal Year had effectively come to a close on the 19th of August 2013 and court recess had effectively commenced on the 20th August 2013.
Secondly, the end of the Legal year in Rivers State was deliberately arranged to coincide with the valedictory session of the out gone Chief Judge Hon. Justice Iche Ndu (as he then was) who had prior to that date appointed vacation Judges who administered the High Court for the entire duration of six weeks that the recess lasted. The implication thereof is that throughout the last lap of August and all through September 2013, My Lord the Hon. Justice P. N. C. Agumagu did not carry out any function as Acting Chief Judge. It is also to our humble knowledge that no funds whatsoever were expended in terms of salaries, allowances and or even imprest in running that office since he did not function therein.
Thirdly, as soon as the court resumed in October 2013, My Lord, the Hon. Justice P. N. C. Agumagu was confronted with a court case instituted against him in Suit No. AHC/220/2013, ISSAC ABBOT OGBOBULA Vs. HON. JUSTICE P. N. C. AGUMAGU. This case was one in which an order of mandamus was sought to compel My Lord the Acting Chief Judge to perform his function as such. By this time, that is the entire duration of this litigation, status quo ante bellum had to be maintained by His Lordship who would to our mind not want to foist a fate accompli on the adjudicating court until November 11, 2013 when the High Court issued an order of Mandamus compelling My Lord the Hon. Justice Agumagu to assume duty as the Acting Chief Judge of Rivers State.
One must admit herein that the situation precipitated an accumulation of unassigned case files, loads and loads of administrative responsibilities unattended to and a general air of uncertainty in the Rivers State High Court and the state at large. So that it was upon being served with the Order of Mandamus on the ri’” day of November 2013 that My Lord the Acting Chief Judge actually started to function in that office and not on the 20th day of August 2013 as wrongly suggested by mischief makers who have not followed the trend that had emerged since the said appointment.
Having stated the hereinabove unequivocal facts, we leave no one in doubt as to the reality of the fact that the Executive Governor of Rivers State could also be advised of the facts hereof and is therefore appropriately guided to know that three months . will actually start running from the 11th day of November 2013 in view of the Order of Mandamus issued in suit number AHC/220/2013, ISSAC ABBOT OGBOBULA Vs. HON. JUSTICE P. N. C. AGUMAGU.
In the result we are confident that the NJC will be guided by these facts which will aid the Council in discountenancing all malicious, nefarious, vexatious publication$that have emerged from faceless mischief makers who are indeed ignorant of the above stated facts, especially as contained on page 12 of Thisday Newspaper publication dated the 2nd day of December 2013 captioned: “Between Amaechi And Agumagu.”
Atsuwete is the Executive Director, Human Rights, Allaince.
Ken O. Atsuwete
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