Chief Press Secretary to the Governor Mr.David Iyofor said the appointment was based on the order of seniority in the profession billed to last for three months.
He said: “Rivers State Governor Chibuike Rotimi Amaechi has sworn in the new Acting Chief Judge of the State, Justice Peter N. C. Agumagu.
”Justice Agumagu was sworn in after the former Chief Judge of the State, Justice Iche Ndu, retired from service.
”Justice Agumagu was sworn in during a brief ceremony at the Council Chambers, Government House, Port Harcourt on Tuesday (yesterday).
Amaechi urged him to discharge his responsibilities without fear or favour.
Explaining why he made the appointment, Amaechi said: “ I sat through the week with the Attorney General to review the appointment and we looked at the constitution and the constitution says the most senior Judge of the High Court, and we looked at your appointment as a Judge of the High Court and compared it with the rest of the judges in the state and realised that you are the most senior judge of the high court of Rivers State. We therefore took that decision to proceed with the appointment.”
He told the judge “we hope that within the three months of your acting, you will discharge your responsibility.”
State government officials, including the governor and the Attorney-General, boycotted the farewell ceremony of the retiring CJ on Monday
But Minister for State for Education, Nyesom Wike, Amaechi’s rival in the unabated Rivers political crisis, a lawyer, was fully robed at the event.
Justice Ndu was appointed by former Governor Peter Odili in 2001.
The Wike group criticised yesterday’s inauguration of Justice Agumagu.
The minister’s group, Grassroots Development Initiative (GDI), in a statement by its President-General, Bright Amaewhule, yesterday described Agumagu’s inauguration as a rape of the Constitution
The Rivers State government, through the Chief of Staff, Government House, Port Harcourt, Chief Tony Okocha, however, declared that Wike and his co-travellers were ignorant of the law.
Wike’s group expressed shock that the Rivers governor and Boms could boycott Monday’s valedictory session for the retiring CJ, despite of being in Port Harcourt and without any cogent reason, alleging that Ndu refused to be used as a tool for political vendetta against their perceived political opponents.
The Rivers chief of staff, a lawyer, also maintained that Amaechi acted within his rights and in order, stressing that the law empowers him to appoint an acting chief judge, if the situation arises.
Okocha said: “I should not be responding to positions of those who lack knowledge of the law. When people are not aware, they make such ignorant comments and judgments.
“The governor has powers to appoint an acting chief judge, even without recourse to the Assembly and such appointment is, according to the law, bound to last three months.
“The governor is well aware of his rights and responsibilities. He is not one of those who act without disregard for the law. Even while he was performing the swearing-in ceremony, he said that a substantive appointee would be sworn in, if the National Assembly approves the recommendation of the NJC, at its resumption from recess.”
The GDI, however, accused Amaechi, of having a non-performing executive arm of government, a comatose legislature and who now sought to destroy the Rivers judiciary, to voluntarily resign from office, describing him as a danger to democracy and the rule of law.
By appointing Agumagu as the acting CJ, Wike’s group noted that the Rivers governor had violated Section 271 (4) of the 1999 Constitution, which provides that until a substantive appointment is made, filling the vacancy in the office of the CJ of the state, the most senior judge of the High Court of the state, shall be appointed to perform the functions of the CJ.
The GDI’s president-general said: “Amaechi and Boms, in clear violation of section 271(4) of the 1999 Constitution refused to swear in Hon. Justice Daisy Okocha, who is the most senior judge of the High Court of Rivers State, in an acting capacity, until the procedural niceties of appointing a substantive CJ of Rivers State are fulfilled.
“Justice Daisy Okocha happens to be the same judge of the High Court of Rivers State that both the Rivers State Judicial Service Commission and the National Judicial Commission have recognised as the substantive CJ of Rivers State and recommended for appointment to Governor Amaechi.
“Governor Amaechi does not have the constitutional power (as much as he would wish he had) to appoint the CJ of Rivers state, be it in a substantive or acting capacity, outside the provisions of Section 271 of the Constitution.”
by: Bisi Olaniyi and Rosemary Nwisi, Port Harcourt
Culled from The Nation newspaper
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