BEVERLY HILLS, May 19, (THEWILL) – The Attorney General of the Federation and Minister Of Justice, Mr. Mohammed Bello Adoke, SAN, Tuesday said the swearing-in of the Governor – elect of Rivers State, Nyesom Wike, would be performed by the Bayelsa State Chief Judge.
This is coming against the existing vacuum in the Office of the Chief Judge of Rivers State, as well as, the Office of the President of the Customary Court of Appeal, Rivers State which has made strict compliance with the requirements of section 185(1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999, virtually impossible.
A statement issued by the minister said his decision became necessary in order to avert a likely constitutional crisis in Rivers State on May 29 when the Governor-Elect, is expected to be sworn as Governor of Rivers State.
The Minister said: “ I have requested the Chief Judge of Bayelsa State to administer the Oath of Allegiance and Oath of Office on the Governor-Elect of Rivers State in accordance with section 185(2) of the Constitution of the Federal Republic of Nigeria, 1999, which provides as follows:
‘“The Oath of Allegiance and the oath of Office shall be administered by the Chief Judge of the State or Grand Khadi of the Sharia Court of Appeal of the State, if any, or President of the Customary Court of Appeal of the State, if any, or the person for the time being respectively appointed to exercise the functions of any of those offices in any State.”
“The general public particularly the Government and People of Rivers State are hereby invited to take note of this development and appreciate the fact that the invitation extended to the Chief Judge of Bayelsa State to administer the Oath of Allegiance and Oath of Office on the Governor-Elect of Rivers State on 29th of May 2015 is in accordance with the Constitution and should therefore be respected by all and sundry.”
Adoke’s controversial directive is already generating debates amongst political analysts and lawyers, who are questioning the constitutionality of the directive since the 36 states of the federation are independent federating units with independent arms of government.
THEWILL can report that the Rivers State judiciary has been engulfed in a protracted crisis since the retirement of CJ, Justice Iche Ndu in 2013. Amaechi and the National Judicial Council (NJC) have been at loggerheads over who should rightly emerge as new CJ.
Amaechi had nominated the former President of the Customary Court of Appeal, Justice Peter Agumagu, to the NJC for approval as CJ but the council declined instead preferring Justice Daisy Okocha as replacement. But Amaechi insisted on Agumaju, being at that time the most senior judge in the state.
While the controversy raged, the National Judicial Council sent Mrs. Okocha’s name for confirmation to the National Assembly which had at the time taken over the functions of the Rivers State House of Assembly.
Irked by the action, Mr. Amaechi dragged the council 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.
On March 18, 2014, Justice Lambo Akanbi delivered judgment, which showed that the NJC erred by recommending Mrs. Okocha for appointment to replace Justice Ndu.
Mr. Akanbi ruled that the NJC’s argument that Mrs. Okocha is the oldest judge of the Rivers State High Court and more qualified to be chief judge of the state because Mr. Agumagu belonged to a different arm of the judiciary, was wrong.
Based on the ruling of the court, the state house of assembly sat at Old Executive Council Chambers of Government House for the screening and confirmation of
Mr. Agumagu as the substantive chief judge of the state.
Mr. 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 Mr. Agumagu from parading himself or acting in the capacity of chief judge of Rivers State.
While Mr. Agumagu is still in court to challenge his suspension by the CJN, Rivers State has been robbed of a chief judge and the courts have also been shut as a result of attacks by unknown gunmen.
*** A part of this report was contributed by Premium Times.
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