There is no end in sight yet to
the protracted crisis rocking the Rivers State judiciary as Justice (Mrs) Daisy
Okocha has instituted a suit before the Federal High Court, Port Harcourt,
seeking to stop the National Judicial Council (NJC) and the state government
and three others from appointing any other person as substantive Chief Judge of
the state.
Also joined in the suit, numbered
FHC/PHC/CS/03/2015, was the Rivers State Judicial Service Commission and two
others.
Okocha, the most senior judge in
the state judiciary, was recommended by NJC, last year, to be appointed as the
Chief Judge, but she was allegedly sidelined by Governor Rotimi Amaechi, who
appointed Justice Peter Agumagu instead.
The action of the governor had
generated a constitutional crisis in the state with NJC refusing to recognise
Agumagu, while courts in the state have been under lock and key since last
July, as a result of the crisis.
Okocha urged the court to declare
that the governor lacked powers, under the 1999 Nigerian Constitution (as
amended), to appoint a chief judge for the state, without the recommendation of
NJC.
She also implore the court to
declare that NJC, which is the first defendant, can only grant recommendations
of a properly constituted Rivers State Judicial Service Commission, in
accordance with the provisions of the constitution.
Further hearing on the matter has
been adjourned till March 9.
Justice Okocha averred that such
a properly constituted commission must have the chief judge of the state or an
acting chief judge of the state as its chairman.
She pleaded with the court to declare
that the state Attorney General (the 5th defendant) and Chief Registrar of
Rivers State High Court (the 6th defendant) have no constitutional powers to
assume the duties and office of the chairman of the state Judicial Service
Commission
She further asked the court to
declare that, in the absence of a chief judge, the governor was duty bound to
declare that she, being the most senior judge in the state High court, should
perform the functions of a Chief Judge, in acting capacity.
“A declaration that the
plaintiff, being the most senior judge in the hierarchy of the judges of the
High court of Rivers State, is the person eligible and entitled to be appointed
to perform, for the time being, the functions and exercise the powers of the
office of Chief Judge of Rivers state”, she said.
Justice Okocha also sought an
order of the court to restrain the state governor, who is the third defendant,
from appointing another person other than herself as the acting Chief Judge of
Rivers State.
She also enjoined the court to
restrain all the defendants “or by their servants, agents or proxies from
selecting nominating, recommending or howsoever putting forward any person for
appointment as Chief Judge of Rivers State, based on the advise of the second
defendant, as presently constituted.
She further prayed the court to
restrain the first to the sixth defendants not to appoint a chief judge, or
based on the advise of the Rivers State Judicial Service Commission, except
that under the headship of the acting chief judge as chairman, who must be the
most senior judge of the High Court of Rivers State as constitutionally
stipulated, pending the determination of this suit.”
She also appealed to the court to
restrain the second to sixth defendants from stopping her to discharge her
functions as the most senior judge of the Rivers State High Court.
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Politics