Rivers Govt talks tough, says NJC lacks power to suspend Chief Judge Agumagu

Agumagu was suspended for accepting appointment as Acting Chief Judge of Rivers.
The Rivers State government has condemned the decision of the National Judicial Council, NJC, to suspend the recently appointed Chief Judge of the State, Peter Agumagu.
A statement by the state’s Commissioner of Information, Ibim Semenitari, on Friday said the state government noted, in the NJC’s statement announcing Mr. Agumagu’s suspension, an “unprecedented but unlawful threat by the NJC, to dismiss a sitting Chief Judge of a State”.
It said the decision of the NJC was against the provisions of the Nigerian Constitution and the established tenets of federalism.
The NJC had on Thursday announced the suspension of Mr. Agumagu for allegedly going against the Council’s directive that no judge in Rivers should accept to be acting Chief Judge of the state, based on Governor Rotimi Amaechi’s appointment.
Mr. Agumagu was first appointed as acting chief judge by Mr. Amaechi in 2013. His appointment was, however, in February, 2014, voided by a Federal High Court presided by Justice Lambo Akanbi.
Mr. Akanbi had ruled that by the provisions of the law, only the most senior judge in the state judiciary could be appointed as Acting Chief Judge. Mr. Agumagu was then not the most senior judge in the state.
The state government, however, faulted the decision of the NJC based on that judgment of Mr. Akanbi “in view of the pendency of the res (subject matter) at the Court of Appeal”.
It noted that the Rivers State government had gone to the courts to seek interpretation of Section 271 of the Constitution of the Federal Republic of Nigeria as regards the appointment of a chief judge of the state.
The NJC had recommended Justice Daisy Okocha, which it considered as the most senior judge in the Rivers judiciary, as the Chief Judge of the State. Mr. Amaechi, however, jettisoned the NJC’s recommendation and, based on the state judicial council recommendation, appointed Mr. Agumagu as the state’s chief judge.
The state government then filed a suit at the Federal High Court, to, among others, determine if the state governor must do the bidding of the NJC in choosing a chief judge.
In his ruling on the matter on March 18, Justice Lambo ruled that the NJC’s recommendation was not binding on the governor.
“With greatest respect to the National Judicial Commission, who is my employer, I cannot allow the argument of the defence counsel, that the governor must accept the recommendation of the NJC,” the judge ruled.
“The body that is most suitable to make recommendation of a nominee of a chief judge of the state is the state Judicial Service Commission, JSC, because they have local knowledge of the most suitable candidate, than the National Judicial Commission.”
Mr. Akanbi, in the ruling, said his judgment was not contradictory to his earlier one in February. He said the law states different conditions for appointing an acting chief judge and for a chief judge of a state.
Mr. Akanbi also ruled that according to Nigerian law, it was not mandatory that the most senior judge be appointed the state’s Chief Judge. He said the judge to be considered, must however have spent at least 10 years on the bench, a qualification met by Mr. Agumagu, who was then the President of the Rivers Customary Court of Appeal.
Following the court ruling, Mr. Amaechi on March 18 swore in Mr. Agumagu as the state’s chief judge.
The Rivers government claimed that Mr. Akanbi, in delivering his judgment, declared unconstitutional the deliberate omission of Justice Agumagu’s name by the NJC on the ground that he (Agumagu) was a Judge of the Rivers State Customary Court of Appeal.
It noted that Mr. Agumagu was the most senior judge in the Rivers State judiciary today.
“His very sterling record and leadership abilities was the reason why he was seconded to the Rivers State Customary Court of Appeal in 2008 – as its President – to spearhead the establishment of that critical level of justice delivery in Rivers State at a very troubled time in the history of the State and indeed the Niger Delta region – due to violent militancy and criminality. His record in that responsibility speaks for itself and indeed qualifies him for any role in a judicial capacity at the state, national and international level,” Rivers government said
The government said the Court had already held that Mr. Agumagu’s appointment was legal as it accorded with the provisions of section 271 (3-5) of the Constitution of the Federal Republic of Nigeria to the effect that:
“A person shall not be qualified to hold office of a Judge of a High Court of a State unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years.”
The statement added that contrary to insinuations contained in the statement of the NJC, Mr. Agumagu did not violate any written or unwritten creed or code of his judicial calling or the provision of the Constitution or any other law of the land.
“In accordance with the provisions of Part IIC, under Section 197 of the 1999 Constitution – his name was submitted by the Rivers State Judicial Service to the National Judicial Council for consideration as Chief Judge of Rivers State. Consequently, the Governor duly received the recommendation of the NJC – which strangely omitted the name of Justice Agumagu.
“The Rivers State government is well aware that there is no constitutional provision compelling the governor to appoint a chief judge based on his or her seniority or even based on the arm of the judiciary to which such a person belongs. What the constitution requires is a minimum of 10 years post bar qualification. This is evidenced even by the appointment of the immediate past Chief Judge of the state, Justice Iche Ndu, who was appointed chief judge over his seniors at the bench,” it said.
It also said at the time of Mr. Ndu’s appointment, two judges – Sotonye Denton-West and A.C. Woryi – were both his seniors.
“Justice Denton-West was the most senior judge in the Rivers State judiciary then, yet the NJC did not compel the governor at the time to announce her as Chief Judge,” it added.
The government in its statement on Friday also stated that the refusal of the NJC to abide by the recommendations of the Rivers State judicial council on the appointment of the state chief judge and its insistence on a particular candidate was a cause of worry for the Rivers State Government.
“Such insistence may appear to mark the NJC out as clearly partisan and invariably as a party to the case. Since the NJC has shown such personal interest, in this matter, it raises the fundamental question of how justifiable it is to for NJC to interpose itself in a case in which it clearly has more than a passing interest. Certainly in the light of applicable principles of  administrative law it would seem that the body may have to take its hands off adjudicating on the matter of the Rivers State Chief Judge or better still seek redress in the courts,” it said.
Suspension an act of high handedness
The Rivers State Government also said the decision of the NJC to suspend Justice Agumagu without any fair hearing and despite a decision of the Federal High Court, and the pendency at the Court of Appeal, suggests highhandedness and intolerance that was unacceptable for a body charged with the responsibility of protecting the integrity of the judiciary.
“The attitude of the body has laid credence to the fears of the Rivers State Government that the body has been influenced by one of its members, O.C.J Okocha (SAN) who has filial ties with the NJC’s preferred candidate, Justice Daisy Okocha. The impression is that the NJC in using its “old boys network” could not be bothered about the propriety or constitutionality of usurping the role of the Governor of Rivers State in the appointment of a chief judge for the state.
The Rivers State Government wishes to reiterate its respect and admiration for the judiciary and the NJC but will respectfully request the NJC not to allow itself become a tool in the hands of those who want to push merit to the back burner while exalting nepotism and sectional interest,” it said.