NIGERIA (Rivers)-The National Judicial Council (NJC) has suspended the newly sworn-in Chief Judge of Rivers State, Justice Peter Agumagu for accepting the “unconstitutional appointment offer” from Governor Rotimi Amaechi.

This was disclosed in a statement by the council’s acting Director, Information, Soji Oye, who added that Justice Daisy Okocha should be sworn-in as the duly appointed Chief Judge of the state.

“At its 10th Emergency Meeting, which was held on the 26th March, 2014, the National Judicial Council under the chairmanship of the Chief Justice of Nigeria, Hon. Justice Aloma Mariam Muktar (GCON), considered the purported appointment, confirmation and swearing-in of Hon. Justice P. N. C. Agumagu as the substantive Chief Judge of Rivers State on the 18th Day of March, 2014 as null and void.

 “In the course of deliberations on the matter, Council noted as follows;

*That it is expressly provided in Section 271 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) that:-

*The appointment of a person to the office of the Chief Judge of a state shall be made by the governor of the state on the recommendation of the National Judicial Council, subject to the confirmation of the appointment by the House of Assembly of the state;

*That the National Judicial Council did not at any time make any recommendation to the Governor of Rivers State that Hon. Justice P. N. C. Agumagu, President, Customary Court of Appeal be appointed the substantive Chief Judge of Rivers State. Council therefore resolved as follows:-

*That the National Judicial Council does not and will not recognise Hon. Justice P.N.C. Agumagu as the Chief Judge of Rivers State.

*That the general public and all concerned in the matter, particularly the governor of Rivers State, the Rivers State House of Assembly, the judiciary in Rivers State, be notified and informed that the National Judicial Council will not deal with Hon. Justice P.N.C. Agumagu as the Chief Judge of Rivers State;

*That a query be issued to Hon. Justice P. N. C. Agumagu to explain in writing within  four (4) days, why he should not be removed from office as  a judicial officer for his failure to abide by his oath of office to uphold the constitution and laws of the Federal Republic of Nigeria;

In the meantime, Council in exercise of its powers under paragraph 21 (d) of part 1 of the third schedule of the 1999 constitution has suspended Hon. Justice P. N. C. Agumagu from office as a judicial officer with immediate effect.”

It would be recalled that Judges in the state were directed not to recognize Agumagu’s appointment as the Acting Chief Judge for the three months he was in office.

A directive was also issued by council, that no judge in the judicial division should accept acting appointment from Amaechi who has continually refused to accept Okocha as the next CJ of the state.

Though Agumagu is Okocha’s senior, he had been duly appointed as the President of the Customary Court of Appeal, thereby making him unqualified for consideration as the state CJ since the law says the most senior judge of the state high court should be appointed.

Rivers State government, however, contended that Agumagu was seconded to the appellate court and could return to the mainstream high court if he so desired.

Against the recommendation of the council, Amaechi appointed him the acting CJ, a development that crippled the state judiciary and its activities because judges were not accepting cases from him and not taking administrative orders from him.

Following the above development, another controversial judgement of a Federal High Court in the state faulted NJC on its choice of Okocha.

The judgement was delivered by Justice Lambo Akanbi, after which Agumagu moved to the government house in Port-Harcourt, where Amaechi swore him in as the substantive CJ without NJC recommending him as stipulated by the constitution.

Since the retirement of the state immediate past CJ, Justice Iche Ndu, Amaechi and NJC had engaged in a battle of wits on who should be the new CJ between Agumagu and Okocha.