The Chairman of the Rivers State House of Assembly Committee on Judiciary, Mr Golden Chioma on Tuesday blamed the 1999 Constitution over the appointment controversy being witnessed by the Rivers State Judiciary.
Speaking on Channels Television’s Sunrise Daily, Mr Chioma said “ the format of the 1999 Constitution did it in such a way that the other two arms of government- executive and legislature- has ample opportunity to checkmate who becomes” the chief justice of a state.
“If the National Judicial Commission (NJC) makes a recommendation, the governor has the right to accept or reject the recommendation” insisting that “it is not sacrosanct that when the nomination comes the governor must accept it”.
He further noted that the issue has become a subject of litigation because “it has not happened before” adding that “the Rivers state governor had to go to court because he didn’t like the recommendation.
“If the House of Assembly votes on that issue and the votes are against the recommended person, that recommendation aborts at that time”, he added.
Debunking claims that the refusal by the governor to appoint the judge nominated by the NJC has some form of stripping the judiciary of its independence, he said Justice Akanbi had “dealt on it” in his judgment, and urged Nigerians to look at the judicial interpretation of the recommendation that was subject to litigation.
He slammed the NJC for rejecting the first person nominated by the Rivers State Judicial Service Commission (JSC) for having “rejecting” qualities adding that “it smacks of some funny issues.
“The JSC that is on ground and has cause to interact with the parties, should be given more credit” and accused the “NJC of having some other issues which, the other people that went to court were not satisfied with” maintaining that the “most important thing here is having gotten a judicial interpretation, I will want all parties to abide by the law”.
On Tuesday 18th of March Justice Lambo Akanbi nullified the recommendation of Justice Daisy Okocha, by the NJC as the most senior judge of the state High Court to occupy the position of the Chief Judge of Rivers State.
He faulted the recommendation of the NJC which specifically recommended Justice Daisy Okocha as “wrong, null and void.”
Justice Akanbi also stated that Governor Amaechi cannot be compelled to accept whatever name the NJC sends to him because “the governor is not a rubber stamp.”
Akanbi stated that “the letter of the NJC of July 2, 2013, and received by Amaechi that only the most senior judge must be appointed contrary to the recommendation of the JSC is wrongful and null and void.”
Akanbi, who cited examples of Kwara and Osun as states where the presidents of the customary courts of appeal have been appointed as judges, pointed out that Rivers State would not be different, emphasizing that the reason given by the NJC was insufficient.
Meanwhile, the other nominee, Justice P.C. Agumagu, sworn in by Governor Rotimi Amaechi has been suspended by the NJC as a judicial officer.
His suspension came after he accepted a the appointment as the Chief Judge of Rivers State. The NJC insists that the ‘appointment’ is very flawed, and that Hon. Justice Agumagu should not have let it happen.
