The Rivers state governor-elect, Nyesom Wike, has
said that nothing can stop his inauguration, even the absence of a
substantive chief judge in the state, on May 29.
Wike revealed this through his media aide, Simeon Nwakaudu who blamed the All Progressives Congress (APC) for trying to create a constitutional crisis in the state.
“There is no constitutional crisis whatsoever. He is going to be sworn on May 29. These are issues being raised by the APC to confuse people,” Nwakaudu told Premium Times.
“There
is an administrative judge in Rivers State as we speak as appointed by
NJC. Even though the outgoing governor pretends not to recognise the
administrative judge, the judge is still there. The administrative judge
can still perform the function of the state chief judge.
“The Customary Court of Appeal in Rivers State also has an administrative judge that can also perform the functions of the chief judge.
“The constitution also talks about any other judicial officer as appointed by the NJC. The NJC can as well do that on May 29, so there is nothing to worry about.”
READ ALSO: Two Students, Women Killed In Edo Cult Clashes
Nwakaudu was certain that the prolonged absence of the chief judge would not hinder the swearing in of a new governor.
He said that in any state in the country, any judge can be brought in to administer oaths and swear in the new elected officials.
He said that the Bayelsan chief judge could be brought in to swear in Wike and his deputy.
Bayelsa does not have a swearing in ceremony on May 29.
READ ALSO:Election 2015, live Coverage of the Uk Vote
The Rivers state judiciary has been in crisis since August 2013, when Justice Iche Ndu retired.
After his retirement, Governor Rotimi Amaechi, and the National Judicial Council (NJC) have been bickering over who should be appointed chief judge.
Amaechi had insisted on the former president of the Customary Court of Appeal, Justice Peter Agumagu but the council refused to confirm Agumagu’s appointment and instead preferred Justice Daisy Okocha for the job.
The governor chose Agumagu as he is the most senior High Court judge in the state, but the NJC ignored his submission and sent in the name of Mrs. Okocha to the National Assembly for confirmation.
Amaechi had dragged the NJC to the Federal High Court in Port Harcourt and for the interpretation of Section 271 (3-5) of the constitution as regards the appointment of chief judge of the state.
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The court ruled that the NJC had erred by recommending Mrs. Okocha for the appointment to replace Justice Ndu.
They also ruled that the NJC’s claim that Mrs Okocha was the oldest and most qualified judge of the Rivers State High Court, due to Agumagu belonging to a different arm of the judiciary, was wrong.
Agumagu was immediately sworn in by the state governor in a move that angered the former Chief Justice of Nigeria and then NJC chair, Justice Mariam Aloma Muktar.
The CJN immediately suspended Agumagu from parading himself or acting in the capacity of chief judge of Rivers state.
Agumagu is still in court to challenge his suspension by the CJN.
READ MORE: http://www.naij.com/434446-swearing-in-wike-dismisses-absence-of-rivers-chief-judge.htmlWike revealed this through his media aide, Simeon Nwakaudu who blamed the All Progressives Congress (APC) for trying to create a constitutional crisis in the state.
“There is no constitutional crisis whatsoever. He is going to be sworn on May 29. These are issues being raised by the APC to confuse people,” Nwakaudu told Premium Times.
Nyesom Wike
“The Customary Court of Appeal in Rivers State also has an administrative judge that can also perform the functions of the chief judge.
“The constitution also talks about any other judicial officer as appointed by the NJC. The NJC can as well do that on May 29, so there is nothing to worry about.”
READ ALSO: Two Students, Women Killed In Edo Cult Clashes
Nwakaudu was certain that the prolonged absence of the chief judge would not hinder the swearing in of a new governor.
He said that in any state in the country, any judge can be brought in to administer oaths and swear in the new elected officials.
He said that the Bayelsan chief judge could be brought in to swear in Wike and his deputy.
Bayelsa does not have a swearing in ceremony on May 29.
READ ALSO:Election 2015, live Coverage of the Uk Vote
The Rivers state judiciary has been in crisis since August 2013, when Justice Iche Ndu retired.
After his retirement, Governor Rotimi Amaechi, and the National Judicial Council (NJC) have been bickering over who should be appointed chief judge.
Amaechi had insisted on the former president of the Customary Court of Appeal, Justice Peter Agumagu but the council refused to confirm Agumagu’s appointment and instead preferred Justice Daisy Okocha for the job.
The governor chose Agumagu as he is the most senior High Court judge in the state, but the NJC ignored his submission and sent in the name of Mrs. Okocha to the National Assembly for confirmation.
Amaechi had dragged the NJC to the Federal High Court in Port Harcourt and for the interpretation of Section 271 (3-5) of the constitution as regards the appointment of chief judge of the state.
READ ALSO: Fani-Kayode Vows To Vigorously Oppose APC
The court ruled that the NJC had erred by recommending Mrs. Okocha for the appointment to replace Justice Ndu.
They also ruled that the NJC’s claim that Mrs Okocha was the oldest and most qualified judge of the Rivers State High Court, due to Agumagu belonging to a different arm of the judiciary, was wrong.
Agumagu was immediately sworn in by the state governor in a move that angered the former Chief Justice of Nigeria and then NJC chair, Justice Mariam Aloma Muktar.
The CJN immediately suspended Agumagu from parading himself or acting in the capacity of chief judge of Rivers state.
Agumagu is still in court to challenge his suspension by the CJN.
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