Rivers CJ: Justices Akpughunum Or Amadi? Lawyers Fault Claims, Alleging Bias Against NJC & Governor Wike

— Says No Law Requires Seniority As A Criterion In
Appointment
— Says 2014 Rivers Judiciary Saga Different From Current
Scenario
— As FIDA, Concerned Lawyers In Rivers State Kick Over Wike’s
Alleged Plan To Impose CJ

A group of lawyers under the banner of ‘Constitutional and Human
Rights lawyers forum’, has faulted claims by some persons that, the
National Judicial Council, and the Rivers State Government, jointly
frustrated the age-long tradition of appointing the most senior
Judge as the Chief Judge of the state.

In an eleven-paragraph press release signed by fifteen [15] of
such lawyers, Precious U. Dike, S. O. Eli, Charles Mbaba, Daminabo
Davies, Y.I. Nulog, Chris Okparaolu, P.S. Ukadilonu, Endurance
Okanezi, Charles Uchegbu, A. Victory (Miss), Golden Elikor, Edwin
Woka, J. Akubo, C.A. Alfred (Mrs.), Merit Gogo (Mrs.), and made
available to Nairalaw, the group noted that there is no law
prohibiting the Governor of a state from appointing any Judge as
the Chief Judge of that State, in so far as such a Judicial officer
has been recommended to the Governor by the NJC.

The forum noted that whilst the qualification for a person to
assume the office of the ‘Acting Chief Judge’, largely borders on
seniority, that of the [substantive] Chief Judge is not by law
strictly rooted in seniority, but by the recommendation of the
NJC.

“We make bold to state without any fear of contradictions that
there is no law in Nigeria which requires the appointing authority
to subject the appointment of the substantive Chief Judge of a
state to the most senior judge. For the avoidance of doubt, we
reproduce section 271 (1) of the Constitution of the Federal
Republic of Nigerian (CFRN) 1999 (as altered) which is the grund
norm and Regulatory Framework on the appointment of the Chief Judge
of a State, the said section states as follows:

“The appointment of a person to the office of Chief Judge of a
State shall be made by the Governor of the State on the
recommendation of the National Judicial Council subject to
confirmation of the appointment by the House of Assembly of the
State.” The implication of this provision is that all judges and
indeed all Lawyers qualified to hold the office of a Judge are
qualified to hold the office of the Chief Judge of a state,
provided that the National Judicial Council (NJC) recommends you to
the Governor and the House of Assembly confirms your
recommendation.

In practice, the Governor plays no factual role until the NJC
recommends to the Governor. This is because it is the State
Judicial Service Commission (JSC) that sends nominees (usually more
than one) to the NJC, who will now recommend to the Governor
amongst those chosen. Once a person has been recommended by the NJC
to the Governor, the Governor has absolutely no discretion to
decline such a person, unless the House of Assembly refuses to
confirm.

“The implication of the foregoing is that there is no way the
recent recommendation of the Hon. Justice S. C. Amadi by the NJC
would engender any form of crises in the Rivers State Judiciary
like that of 2014. The reason is simply because of the different
scenarios. While that of 2014 was tainted with unconstitutionality,
nobody has been able to fault the current recommendation of Hon.
Justice S. C. Amadi on Constitutional grounds, and it is law that
governs human society, including Nigeria, not sentiments.

In distinguishing the 2014 events in Rivers State under the then
Governor Rotimi Ameachi, who refused to appoint the Hon. Justice
Daisy Okocha as Chief Judge, contrary to the recommendation of the
NJC, preferring rather to appoint his preferred candidate and his
choice of most senior Judge in the state Judiciary [not State High
Court], the forum noted that in the present case, the Hon. Justice
S. Amadi was recommended by the NJC to the Governor as Chief Judge,
accordingly, the Governor has no discretion to reject same.

“In 2014, Hon. Justice P.N.C. Agumagu who was qualified to be
appointed as the Chief Judge of Rivers state in substantive
capacity was not qualified to be appointed as the acting chief
Judge because while he may be the most senior judge of the state
judiciary as the president of the Customary Court of Appeal, he was
not the most senior judge in the state High Court. For the
avoidance of doubt, section 271 (4) CFRN 1999 (as altered) clearly
provides as follows: “If the office of Chief Judge of a State is
vacant or if the person holding the office is for any reason unable
to perform the functions of the office, then until a person has
been appointed to and has assumed the functions of that office, or
until the person holding the office has resumed those functions,
the Governor of the State shall appoint the most senior Judge of
the High Court to perform those functions.” The Governor of a state
has absolutely no discretion in respect to appointing the most
senior judge of the High Court in acting capacity but as can be
seen above, this is not the case in respect to substantive
capacity, as the Governor is bound to appoint whomever is
recommended by the NJC the regulatory body of judicial officers in
Nigeria. Secondly, in relation to the appointment of the Chief
Judge in substantive capacity, former Governor Rotimi Ameachi
ignored the recommendation of the NJC which was Hon. Justice Daisy
Okocha and on his own motion appointed Hon. Justice P.N.C. Agumagu
who was not recommended by NJC in substantive capacity, contrary to
s. 271 (1) of CFRN 1999 (as altered) which has been reproduced
above. That was clearly unconstitutional and was what led to the
2014 crisis in Rivers State judiciary.

“In recent history, the Hon. Justice Iche Ndu was the number
sixth Judge of the Rivers State High Court when he was recommended
by the NJC and appointed the Chief Judge of Rivers State by the Dr.
Peter Odili led Rivers State Government. During this time, Hon.
Justice E. K. Membere was the next in line after the retirement of
Hon. Justice Ichioku.

“We are shocked that these persons who know too well or at least
who ought to know that there is no law anywhere or even any known
precedent limiting the appointment of a substantive Chief Judge to
the most senior judge, have deliberately set out to mislead the
public and to cause crisis. It is worthy of note that His Lordship,
Hon. Justice S.C. Amadi narrowly missed out as the Chief Judge in
2016 to the incumbent Chief Judge after his nomination to the NJC
by the JSC along with the incumbent Chief Judge.

“We put it on record that we volunteer to work with security
operatives and relevant authorities in checkmating the activities
of these mischief makers against their avowed threat to the peace
of the state if the recommendation of the Hon. Justice S. C. Amadi
is not rescinded.

“We thank the Governor of Rivers State, His Excellency, Chief
(Barr.) Ezenwo Nyesom Wike, for adhering to constitutionality and
due process of law and urge him to unlike the immediate past
Governor, once again write his name in gold by adhering to the
recommendation of the NJC just like he did in relation to the
incumbent Chief Judge of Rivers State who is not an indigene of the
State. We also urge the Rivers State House of Assembly to act
likewise by confirming the person recommended to the Governor by
the NJC.

“We again thank the Governor over his unprecedented show of love
to the Bench and Bar in Rivers State and urge him to continue in
his good works while always leaving room for improvement and inputs
from well meaning Rivers people.

“We congratulate the Hon. Justice S. C. Amadi on the attainment
of this noble feat. We have no doubts in our mind that His Lordship
who is coming with the experience of being a former Chief Registrar
of the Rivers State Judiciary whose time was very impactful, will
with such a background, have a better grasp of administration, the
magistracy and other aspects of the justice system in Rivers State.
More so, lawyers generally see your Lordship as a very brilliant &
courageous judge who has deep knowledge of the law, dedicated to
service and has zero tolerance to corruption; and we hope that same
will be brought to bear upon your lordship assumption of office as
the Chief Judge of Rivers State,” the group stated.

TheNigerialawyer recalls that the International Federation of
Women Lawyers (FIDA) and the Concerned Lawyers in Rivers State,
condemned the alleged moves by the Rivers, Governor Nyesom Wike, to
impose a new Chief Judge.

The groups in its statement asked Governor Wike not to approve
the recommendation and appointment of Justice Simeon Amadi as Chief
Judge.

They stated that Justice Akpughunum is the most senior judge
while Justice Simeon Amadi comes a distant second with Justice
Teetito coming third and based on seniority Justice Akpughunum,
should be made the Chief Judge not Justice Amadi.

— Says No Law Requires Seniority As A Criterion In
Appointment
— Says 2014 Rivers Judiciary Saga Different From Current
Scenario
— As FIDA, Concerned Lawyers In Rivers State Kick Over Wike’s
Alleged Plan To Impose CJ

A group of lawyers under the banner of ‘Constitutional and Human
Rights lawyers forum’, has faulted claims by some persons that, the
National Judicial Council, and the Rivers State Government, jointly
frustrated the age-long tradition of appointing the most senior
Judge as the Chief Judge of the state.

In an eleven-paragraph press release signed by fifteen [15] of
such lawyers, Precious U. Dike, S. O. Eli, Charles Mbaba, Daminabo
Davies, Y.I. Nulog, Chris Okparaolu, P.S. Ukadilonu, Endurance
Okanezi, Charles Uchegbu, A. Victory (Miss), Golden Elikor, Edwin
Woka, J. Akubo, C.A. Alfred (Mrs.), Merit Gogo (Mrs.), and made
available to Nairalaw, the group noted that there is no law
prohibiting the Governor of a state from appointing any Judge as
the Chief Judge of that State, in so far as such a Judicial officer
has been recommended to the Governor by the NJC.

The forum noted that whilst the qualification for a person to
assume the office of the ‘Acting Chief Judge’, largely borders on
seniority, that of the [substantive] Chief Judge is not by law
strictly rooted in seniority, but by the recommendation of the
NJC.

“We make bold to state without any fear of contradictions that
there is no law in Nigeria which requires the appointing authority
to subject the appointment of the substantive Chief Judge of a
state to the most senior judge. For the avoidance of doubt, we
reproduce section 271 (1) of the Constitution of the Federal
Republic of Nigerian (CFRN) 1999 (as altered) which is the grund
norm and Regulatory Framework on the appointment of the Chief Judge
of a State, the said section states as follows:

“The appointment of a person to the office of Chief Judge of a
State shall be made by the Governor of the State on the
recommendation of the National Judicial Council subject to
confirmation of the appointment by the House of Assembly of the
State.” The implication of this provision is that all judges and
indeed all Lawyers qualified to hold the office of a Judge are
qualified to hold the office of the Chief Judge of a state,
provided that the National Judicial Council (NJC) recommends you to
the Governor and the House of Assembly confirms your
recommendation.

In practice, the Governor plays no factual role until the NJC
recommends to the Governor. This is because it is the State
Judicial Service Commission (JSC) that sends nominees (usually more
than one) to the NJC, who will now recommend to the Governor
amongst those chosen. Once a person has been recommended by the NJC
to the Governor, the Governor has absolutely no discretion to
decline such a person, unless the House of Assembly refuses to
confirm.

“The implication of the foregoing is that there is no way the
recent recommendation of the Hon. Justice S. C. Amadi by the NJC
would engender any form of crises in the Rivers State Judiciary
like that of 2014. The reason is simply because of the different
scenarios. While that of 2014 was tainted with unconstitutionality,
nobody has been able to fault the current recommendation of Hon.
Justice S. C. Amadi on Constitutional grounds, and it is law that
governs human society, including Nigeria, not sentiments.

In distinguishing the 2014 events in Rivers State under the then
Governor Rotimi Ameachi, who refused to appoint the Hon. Justice
Daisy Okocha as Chief Judge, contrary to the recommendation of the
NJC, preferring rather to appoint his preferred candidate and his
choice of most senior Judge in the state Judiciary [not State High
Court], the forum noted that in the present case, the Hon. Justice
S. Amadi was recommended by the NJC to the Governor as Chief Judge,
accordingly, the Governor has no discretion to reject same.

“In 2014, Hon. Justice P.N.C. Agumagu who was qualified to be
appointed as the Chief Judge of Rivers state in substantive
capacity was not qualified to be appointed as the acting chief
Judge because while he may be the most senior judge of the state
judiciary as the president of the Customary Court of Appeal, he was
not the most senior judge in the state High Court. For the
avoidance of doubt, section 271 (4) CFRN 1999 (as altered) clearly
provides as follows: “If the office of Chief Judge of a State is
vacant or if the person holding the office is for any reason unable
to perform the functions of the office, then until a person has
been appointed to and has assumed the functions of that office, or
until the person holding the office has resumed those functions,
the Governor of the State shall appoint the most senior Judge of
the High Court to perform those functions.” The Governor of a state
has absolutely no discretion in respect to appointing the most
senior judge of the High Court in acting capacity but as can be
seen above, this is not the case in respect to substantive
capacity, as the Governor is bound to appoint whomever is
recommended by the NJC the regulatory body of judicial officers in
Nigeria. Secondly, in relation to the appointment of the Chief
Judge in substantive capacity, former Governor Rotimi Ameachi
ignored the recommendation of the NJC which was Hon. Justice Daisy
Okocha and on his own motion appointed Hon. Justice P.N.C. Agumagu
who was not recommended by NJC in substantive capacity, contrary to
s. 271 (1) of CFRN 1999 (as altered) which has been reproduced
above. That was clearly unconstitutional and was what led to the
2014 crisis in Rivers State judiciary.

“In recent history, the Hon. Justice Iche Ndu was the number
sixth Judge of the Rivers State High Court when he was recommended
by the NJC and appointed the Chief Judge of Rivers State by the Dr.
Peter Odili led Rivers State Government. During this time, Hon.
Justice E. K. Membere was the next in line after the retirement of
Hon. Justice Ichioku.

“We are shocked that these persons who know too well or at least
who ought to know that there is no law anywhere or even any known
precedent limiting the appointment of a substantive Chief Judge to
the most senior judge, have deliberately set out to mislead the
public and to cause crisis. It is worthy of note that His Lordship,
Hon. Justice S.C. Amadi narrowly missed out as the Chief Judge in
2016 to the incumbent Chief Judge after his nomination to the NJC
by the JSC along with the incumbent Chief Judge.

“We put it on record that we volunteer to work with security
operatives and relevant authorities in checkmating the activities
of these mischief makers against their avowed threat to the peace
of the state if the recommendation of the Hon. Justice S. C. Amadi
is not rescinded.

“We thank the Governor of Rivers State, His Excellency, Chief
(Barr.) Ezenwo Nyesom Wike, for adhering to constitutionality and
due process of law and urge him to unlike the immediate past
Governor, once again write his name in gold by adhering to the
recommendation of the NJC just like he did in relation to the
incumbent Chief Judge of Rivers State who is not an indigene of the
State. We also urge the Rivers State House of Assembly to act
likewise by confirming the person recommended to the Governor by
the NJC.

“We again thank the Governor over his unprecedented show of love
to the Bench and Bar in Rivers State and urge him to continue in
his good works while always leaving room for improvement and inputs
from well meaning Rivers people.

“We congratulate the Hon. Justice S. C. Amadi on the attainment
of this noble feat. We have no doubts in our mind that His Lordship
who is coming with the experience of being a former Chief Registrar
of the Rivers State Judiciary whose time was very impactful, will
with such a background, have a better grasp of administration, the
magistracy and other aspects of the justice system in Rivers State.
More so, lawyers generally see your Lordship as a very brilliant &
courageous judge who has deep knowledge of the law, dedicated to
service and has zero tolerance to corruption; and we hope that same
will be brought to bear upon your lordship assumption of office as
the Chief Judge of Rivers State,” the group stated.

TheNigerialawyer recalls that the International Federation of
Women Lawyers (FIDA) and the Concerned Lawyers in Rivers State,
condemned the alleged moves by the Rivers, Governor Nyesom Wike, to
impose a new Chief Judge.

The groups in its statement asked Governor Wike not to approve
the recommendation and appointment of Justice Simeon Amadi as Chief
Judge.

They stated that Justice Akpughunum is the most senior judge
while Justice Simeon Amadi comes a distant second with Justice
Teetito coming third and based on seniority Justice Akpughunum,
should be made the Chief Judge not Justice Amadi.