Rivers State Governor and Chairman of Nigeria Governors’ Forum, Rt. Hon. Chibuike Rotimi Amaechi did not commit any legal blunder in appointing Hon. Justice PNC Agumagu as the Acting Chief Judge of the state and the appointment is in order, Attorney-General and Commissioner for Justice in Rivers State, Hon. Wogu Boms stated on Wednesday.
Boms explained that Amaechi appointed Justice Agumagu as the State Acting Chief Judge since he is the most senior Judge in the state Judiciary.
He said Amaechi followed legal procedure in appointing Justice Agumagu as the Acting Chief Judge to fill the vacuum that existed when the immediate past Chief Judge of the state, Hon. Justice Iche Ndu retired.
The State Attorney-General and Justice Commissioner stated this in an interview with a cross section of the media in Port Harcourt, the state capital.
He said: “Justice PNC Agumagu, the Acting Chief Judge is the oldest Judge (in terms of service) now in Rivers State. There is no judge older on appointment than he is and Justice Agumagu was appointed a High Court Judge, he was never appointed a Customary Court Judge. He was appointed a High Court Judge in 1990, if I am not mistaken.”
“I sit as a member of the state Judicial Service Commission, the papers there reveal that he was seconded to go and establish the Customary Court of Appeal and the law establishing the Customary Court of Appeal states clearly that the President of that court comes after the Chief Judge of the state so that whichever way you are going to look at it, he is the oldest Judge now in our Judiciary. So, however you look at it, whichever angle you look at it, Justice Agumagu is appointed as Acting Chief Judge by reason of these facts I have just told you”.
According to him, Hon. Justice Agumagu would remain as the state Acting Chief Judge until the National Assembly which has taken over the legislative functions of the Rivers State House of Assembly conclude deliberations on the recommendation by the National Judicial Commission on who should be appointed as the state Chief Judge.
“He (Hon. Justice Agumagu) is not the Chief Judge of the state, he is the Acting Chief Judge of the State. We in government, having found that he is the oldest Judge in the state, appointed him as Acting Chief Judge and there is nothing illegal or unconstitutional about it. You are aware that there was a recommendation by the National Judicial Commission as to who would be Chief Judge, the state government is processing that and we sent it to parliament which is the next step, so before that is done we appointed the most senior judge as Acting Chief Judge. That is all I have to say, I am not joining issue with anybody”.
He urged those commenting on the issue to “regardless of their political persuasion treat the Judiciary with some respect”, explaining that the law recognizes the Acting Chief Judge as the most senior Judge to be so appointed in the state. He urged politicians in the State to keep the judiciary away from their politics and never to drag the judiciary into their political fight for power.
“I have heard all sorts of comments on this appointment and they are mostly misleading, with no foundation in law. Some people just open their mouths to cast aspersions on the government…just for the sake of playing politics. Nobody should drag the judiciary into politics.”
