Amaechi disregards National Judicial Council, imposes his personal candidate as Rivers Chief Judge Controversial new Rivers State Chief Judge, Justice Peter Agumagu, may soon face disciplinary issues with his employers, the National Judicial Council (NJC), for accepting to be sworn in by Governor Rotimi Amaechi as the state substantive Chief Justice (CJ), without being recommended by the council as constitutionally required. Top sources within the council also revealed on Wednesday that his swearing-in was already considered null and void and of no effect, among council members who would eventually determine his fate. It was learnt last night that what would rank as Agumagu’s greatest alleged disciplinary indirection was his decision to flout the directive of the council to all the judges in the state that none should accept acting appointment from the governor as CJ, in view of the governor’s obvious rejection of Justice Daisy Okocha, who the council recommended as the lawful CJ for the state. A high-profile source told Nigerian Tribune that the council’s directive to judges in the state was particular about acting capacity because the thought of the governor swearing in a substantive CJ without the recommendation of the council as required by the law was not considered a possibility. It was further gathered that with Agumagu not only spurning the directive on acting appointment but going the while hog to accept a substantive appointment that was allegedly constitutionally unprocedural, the council would have no choice but to make him a major discipline example. It was also gathered that the council would definitely appeal the judgement on which Amaechi premised his decision, with a flurry of activities already on, as of yesterday. An emergency meeting of the council was also reportedly hot on the table, with the absence of the Chief Justice of Nigeria, Justice Mariam Aloma Mukhtar who also presides over the council, said to be delaying a definite date for the said emergency meeting. She is expected in office today. There had been a hot exchange of correspondence between her office and Amaechi over the appointment of a substantive CJ for the state. While she is insisting that Okocha, nominated by the council, should get the job, Amaechi, who is the appointing authority, is insisting on Agumagu. While Agumagu was acting CJ for three months, the council under Mukhtar directed judges in the state not to recognise him. NJC also refused to have any official dealings with him for the said period. A senior source said yesterday that Agumagu’s case was bound to open a flood-gate of litigation in other states like Adamawa, where governors and NJC are locked in a battle of wits over the choice of CJ. It was learnt that Agumagu might be on his way to a disciplinary process that could end his career prematurely, with a possible indefinite suspension said to be very likely. An outright sack would require the consent of the governor. A system source stated that an indefinite suspension would take him not only out of office but out of service, to serve as a deterrent to others in contentious states who might want to dare the council and weaken its hold on its employees. The process of appointing a state CJ requires nominations by the state judicial service commission to the NJC, which in turn recommends to the appointing authority who is the governor, who must also seek the approval of the state House of Assembly. It could not be confirmed if the state assembly screened and confirmed Agumagu. It was further gathered that Justice Lambo Akanbi, who gave the judgement, might not face any disciplinary actions if any case of misconducts could not be established against him.
Posted on: Thu, 20 Mar 2014 06:29:23 +0000
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