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abujagirl
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On Thursday, the National Judicial Council (NJC) announced that it will not recognize Justice Peter Agumagu as the Chief judge of Rivers State. The council said it would not deal with him in that capacity in addition to suspending him as a judge.
The NJC announced the decision after an emergency meeting in Abuja. A statement issued by the body read, "At its 10th Emergency Meeting, which was held on March 26, 2014, the National Judicial Council under the Chairmanship of the honourable Chief Justice of Nigeria, Justice Aloma Mariam Muktar, considered the purported appointment, confirmation and swearing-in of Justice P. N. C. Agumagu as the substantive Chief Judge of Rivers State on March 18, 2014.
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 NJC, subject to the confirmation of the appointment by the House of Assembly of the state.
•That the NJC did not, at any time, make any recommendation to the Governor of Rivers State that 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 NJC does not and will not recognise 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 NJC will not deal with Justice P.N.C. Agumagu as the Chief Judge of Rivers State;
*That a query be issued to Justice P. N. C. Agumagu to explain in writing within four 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 Justice P. N. C. Agumagu from office as a judicial officer with immediate effect".
However, the Rivers state government has faulted the NJC's move. One of the legal representatives of the Rivers State Government, Emenike Ebete said he NJC does not have the powers to suspend the Chief Judge of any state.
The Rivers state governor, Rotimi Amaechi who described the suspension as a rumor said, "The suspension of Justice Agumagu by the NJC is still a rumour. The Rivers State Government does not have any communication yet on the issue. If it is true, it was done in error.
"NJC, as the highest decision making body in the judiciary, ought to uphold the Constitution of the Federal Republic of Nigeria. The matter is in court. NJC’s hasty decision is subjudice. We will not allow imposition of candidate as the Chief Judge of Rivers State. Justice Lambo Akanbi of the Federal High Court, Port Harcourt, in his judgment of March 18, maintained that Justice Agumagu is the most suitable, the most qualified and the most senior judge of the Rivers State Judiciary, who should be appointed as the substantive Chief Judge.
"NJC was a party to the suit and after the judgment; its lawyer spoke with journalists within the premises of the Federal High Court, Port Harcourt, promising to stand by the judgment and would liaise with his client to decide if the judgment would be appealed. NJC ought to have appealed the judgment.
"Justice Daisy Okocha has filed an appeal on the judgment at the Court of Appeal, Port Harcourt and awaiting a date for hearing. Suspending Justice Agumagu by the NJC should not have arisen.
"Prior to suspending somebody, there is need for fair hearing. NJC did not hear from Justice Agumagu and he was not queried by the council, before the shocking suspension, which will not stand.
The NJC announced the decision after an emergency meeting in Abuja. A statement issued by the body read, "At its 10th Emergency Meeting, which was held on March 26, 2014, the National Judicial Council under the Chairmanship of the honourable Chief Justice of Nigeria, Justice Aloma Mariam Muktar, considered the purported appointment, confirmation and swearing-in of Justice P. N. C. Agumagu as the substantive Chief Judge of Rivers State on March 18, 2014.
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 NJC, subject to the confirmation of the appointment by the House of Assembly of the state.
•That the NJC did not, at any time, make any recommendation to the Governor of Rivers State that 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 NJC does not and will not recognise 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 NJC will not deal with Justice P.N.C. Agumagu as the Chief Judge of Rivers State;
*That a query be issued to Justice P. N. C. Agumagu to explain in writing within four 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 Justice P. N. C. Agumagu from office as a judicial officer with immediate effect".
However, the Rivers state government has faulted the NJC's move. One of the legal representatives of the Rivers State Government, Emenike Ebete said he NJC does not have the powers to suspend the Chief Judge of any state.
The Rivers state governor, Rotimi Amaechi who described the suspension as a rumor said, "The suspension of Justice Agumagu by the NJC is still a rumour. The Rivers State Government does not have any communication yet on the issue. If it is true, it was done in error.
"NJC, as the highest decision making body in the judiciary, ought to uphold the Constitution of the Federal Republic of Nigeria. The matter is in court. NJC’s hasty decision is subjudice. We will not allow imposition of candidate as the Chief Judge of Rivers State. Justice Lambo Akanbi of the Federal High Court, Port Harcourt, in his judgment of March 18, maintained that Justice Agumagu is the most suitable, the most qualified and the most senior judge of the Rivers State Judiciary, who should be appointed as the substantive Chief Judge.
"NJC was a party to the suit and after the judgment; its lawyer spoke with journalists within the premises of the Federal High Court, Port Harcourt, promising to stand by the judgment and would liaise with his client to decide if the judgment would be appealed. NJC ought to have appealed the judgment.
"Justice Daisy Okocha has filed an appeal on the judgment at the Court of Appeal, Port Harcourt and awaiting a date for hearing. Suspending Justice Agumagu by the NJC should not have arisen.
"Prior to suspending somebody, there is need for fair hearing. NJC did not hear from Justice Agumagu and he was not queried by the council, before the shocking suspension, which will not stand.