NJC REJECTS AMAECHI’S NOMINEE AS AG CJ

A major constitutional crisis may be brewing in Rivers State judiciary as it has reportedly remained without a functional Chief Judge since November 20th when the three-month acting tenure of Justice P.C.N Agumagu expired.

The National Judicial Council (NJC) had rejected Agumagu since his nomination by Governor Rotimi Amaechi in August, recommending Justice Daisy Okocha in his stead.

Amaechi disregarded the council’s directive by appointing Agumagu who is the president of the state Customary Court of Appeal in acting capacity for three months as specified by the law.
The governor has power to make the first acting appointment three months, but cannot renew it without the approval of the council.

As of press time, he had not sought the approval for extension of Agumagu’s acting tenure, ostensibly due to the disagreement with the council on his choice from the beginning.

By the council’s estimation, the state judiciary had been without a constitutionally-recognised CJ since the immediate past CJ, Justice Iche Ndu retired on August 19th.

To underscore the council’s position, there has been no official exchange of correspondence between the council and the leadership of the judiciary in the state.

It was learnt that the quarterly assessment report of judges in the state that should be signed by the Chief Judge had been in disarray with the decision of the council to deal with individual judges in the state, since it was taken that there was no CJ since August.

Agumagu was also never invited for any official functions by the council in his capacity as the state’s acting CJ for the said three months.

In a letter responding to the request of Amaechi for official recognition for Agumagu, the council had replied him that since Agumagu, by choice, decided to opt for the customary court headship, the law which prefers the most senior judge of the High Court was explicit enough to show that Justice Okocha was the lawful successor to Ndu.
Source: Tribune