Afric-tv24 - Zamfara...
Afric TV24 - News Update
Afric TV24 - News Update
THE Rivers State Government and the Peoples Democratic Party in the state are currently at daggers drawn over the appointment of an acting chief judge of the state from the State Customary Court of Appeal.
The state Governor, Mr. Rotimi Amaechi, had on Tuesday chosen Justice Peter Agumagu from the Customary Court of Appeal and inaugurated him as the Acting Chief Judge of the state.
But the state PDP, in a statement signed by the Special Adviser to the Chairman of the party, Mr. Jerry Needam, described the governor’s action as a violation of the provision of section 271(4) of the 1999 Constitution.
Condemning the governor’s action, Needam explained that Amaechi did not consider the law that only allowed for a senior judge of the State High Court to be appointed as a chief judge of the state.
“We therefore totally, completely and unequivocally condemn the appointment. As a political party, the PDP in Rivers State is not interested in the appointment of any particular judge as Acting Chief Judge of Rivers State. We are interested in the observance of due process.
“Section 271(4) of the 1999 Constitution does not admit of discretion. It limits the position of the acting Chief Judge of Rivers State to the most senior judge of the High Court of Rivers State, which Honourable Justice P. N. C. Agumagu is not.
“Our leader, His Excellency President Goodluck Jonathan, GCFR, is known for his commitment to the rule of law and due process in all he does. He insists that we, as members of the PDP, do observe the due process of law. In fact, due process of law and constitutionalism returned Amaechi to power in 2007.
“We wish to inform the good people of Rivers State that the PDP has no hand in the perfidious appointment of Honourable Justice P. N. C. Agumagu as the acting Chief Judge of Rivers State in clear negation of the recommendation of the National Judicial Council and the provisions of the 1999 Constitution,” Needam said.
He, however, called for the expulsion of the governor from the ruling party, describing him as a net electoral liability.
Reacting, the State Attorney-General and Commissioner for Justice, Mr. Worgu Boms, said Amaechi did not commit any legal blunder in appointing Agumagu as the state acting chief judge.
Boms, who spoke in an interview with newsmen on Wednesday, explained that Agumagu’s appointment was in order, describing the acting chief judge as the most senior in the state judiciary.
He said Amaechi followed legal procedure in appointing Agumagu as the acting chief judge to fill the vacuum that existed when the immediate past chief judge of the state, Justice Iche Ndu retired.
“Justice Peter 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,” Boms added.
