NJC directs most senior judge to act as Rivers CJ

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The stalemate in Rivers State judiciary over the
appointment of a substantive Chief Judge for the state
degenerated yesterday with the National Judicial
Council, NJC, directing the most senior judges in the
state high court and customary court of appeal to
oversee assigning of cases to judges.
Acting Director of Information, NJC’s office, in Abuja, Mr.
Soji Oye, in a statement said that the two senior judges
would also perform other related administrative duties.
It said the NJC took the decision at its 67th meeting
held on May 27 during which it deliberated on the non-
appointment of a substantive or acting Chief Judge for
the state.
The statement noted with concern the attendant
consequences of this development on the administration
of justice.
It stated that NJC took the decision to correct the
impression created on NJC’s decision on the
appointment of the Rivers chief judge.
It said: “Suffice it to say that the law abhors a vacuum.
Therefore, where there is a vacuum, the law must fill it.”
It will be recalled that the Rivers State Government had,
Monday, raised alarm over the plot by the NJC to
appoint an administrative judge for the state judiciary,
which it argued was purely the constitutional duty of the
state government.
Rivers State Attorney-General and Commissioner for
Justice, Mr. Wogu Boms, Monday, urged members of the
public to disregard the ‘rumours’ of NJC appointing a
Chief Judge or Administrative Judge, however described.
He said: “The only authority recognised by the
constitution to appoint a judge or a chief judge is the
governor of the state and not any other body or
commission, and that such body will be acting
absolutely illegal to do so, and cannot do so, if they are
led by anybody to do so.
“Pursuant to the issues at stake, the Rivers State
Judicial Service Commission, at its Monday meeting, had
passed a resolution directing the Chief Registrar to
inform all staff of the judiciary that disciplinary
measures, including dismissal, awaits any staff that
deals with any judge as Chief Judge, acting Chief Judge
or Administrative Judge not duly appointed by the
governor of Rivers State.”
It will be recalled that NJC had on March 27 suspended
Justice Peter Agumagu as the Chief Judge of Rivers, who
was sworn in by Governor Rotimi Amaechi on March 18.
Agumagu, until his appointment as Chief Judge, which
NJC said breached Section 271 of the 1999 Constitution,
was a former President, Rivers Customary Court of
Appeal.
Meanwhile, Agumagu has challenged his suspension and
the suit is before an Abuja Federal High Court.