Court sacks Rivers CJ

A Federal High Court sitting in Port Harcourt, Rivers State, yesterday sacked Justice Peter Agumagu as the state acting chief judge.

The court also instructed the state governor to conform to the provisions of the constitution in the appointment of an acting chief judge.

A group known as Kengena Unity Forum had challenged Governor Rotimi Amaechi’s selection of Agumagu as acting chief judge of the state.

Shortly after Amaechi swore-in Agumagu, the then president of the Customary Appeal Court in the state, as acting chief judge, several groups rose in condemnation of the appointment.

Justice Lambo Akanbi, in his judgment said the constitution was clear on who should be appointed acting chief judge of the state.

Justice Akanbi said the constitution was explicit that the most senior judge in the state High Court should be selected to occupy the position whenever it was vacant.

He said he would however not grant the prayers of the plaintiff that an order be given for Justice Daisy Okocha to take charge as the acting chief judge of the state.

According to him, doing so will amount to usurping the powers of the governor and the National Judicial Commission to pick a judge for the position.

“The question as to who qualifies to be appointed as acting chief judge of the state has generated a lot of needless controversy. The provision of section 271, sub-section 4 of the constitution is very clear, explicit and without ambiguity. It says the governor shall appoint the most senior judge of the High Court. The question is who is my noble Lord, Justice P.N.C Agumagu and where does he belong? Is he a judge of the High Court of Rivers State, appointed pursuant to the provision of Section 270, sub-section 1 of the constitution or a judge of the Customary Court of Appeal under Section 280, sub-section 1 of the same constitution,” he said.

Counsel to the state government, Mr. Tuduru Ede, said they were not pleased with the judgment and it will be appealed.