Group asks Gov Amaechi to resign over swearing in of acting Chief Judge

Governor Rotimi Amaechi of Rivers State, has been accused by Grassroots  Development Initiatives, GDI of violating the constitution is his choice of acting Chief Judge of the state, by his appointing Justice Peter Agumagu of the State Customary Court of Appeal, instead of the most senior judge in the state high court.

President General of  GDI, Bright Amaewhule, in the statement, also called on Governor Amaechi to resign for the rape of the constitution.

She said “In the early hours of  Tuesday, August 20, 2013 an act of rape of the 1999 Constitution took place at the Government House Port Harcourt when Governor Rotimi Amaechi swore in the President of the Rivers State Customary Court of Appeal,  Justice Peter Agumagu as the acting Chief of Rives State on the advice of his Attorney General, Worgu Boms.

“Prior to this glaring act of constitutional rape, both Amaechi and his Chief Lawyer, Boms, boycotted the valedictory session held in honour of the retiring Chief Judge of Rivers State, Justice Iche Ndu August 19, 2013 ostensibly because they allege that the High Court of Rivers State under the watch of Justice Iche Ndu was not effectively used as a tool of political vendetta against their perceived political opponents. How did Governor Amaechi and Attorney General Boms rape the 1999 Constitution? The answer is below.

“First, the Constitution creates nine (9) Courts namely: (1) The Supreme Court – section 230(1) of the 1999 Constitution; (2) The Court of Appeal-section 237(1) of the 1999 Constitution; (3) The Federal High Court --section 249(1) of the 1999 Constitution; (4) The High Court of the Federal Capital Territory – section 255(1) of the 1999 Constitution; (5) The Sharia Court of Appeal of the Federal Capital Territory, Abuja – section 260(1) of the 1999 Constitution; (6) The Customary Court of Appeal of the Federal Capital Territory, Abuja – section 265(1) of the 1999 Constitution; (7) The High Court of each State of the Federation – section 270(1) of the 1999 Constitution; (8)  The Sharia Court of Appeal of a State – section 275(1) of the 1999 Constitution; and (9) The Customary Court of Appeal of a State – section 280(1) of the 1999 Constitution.

“Flowing from this structure, we have the High Court of Rivers State and the Customary Court of Appeal of Rivers State as constitutionally provided. These are two distinct Courts with different judicial personnel (Judges), administrative staff and spheres of jurisdiction.

“The methods of appointment of the Judges of the two courts are also different. The mode of appointment for the High Court of Rivers State is governed by section 271 of the 1999 Constitution while that of the Customary Court of Appeal is governed by the provisions of section 281 of the 1999 Constitution.

“The jurisdiction of the High Court of Rivers State is provided for by section 272 of the 1999 Constitution. The jurisdiction of the Customary Court of Appeal of Rivers State is provided for by section 282 of the 1999 Constitution.

“Secondly, where a vacancy occurs in the office of the Chief Judge of the State, section 271(4) of the 1999 Constitution provides that until a substantive appointment is made filling the vacancy, the most senior Judge of the High Court of Rivers State shall be appointed to perform the functions of the Chief Judge of Rivers State in an acting capacity. It does not say most senior Judge of the Customary Court of Appeal of Rivers State or President of the Customary Court of Appeal Rivers State, but the most senior Judge of the High Court of Rivers State.

“Thirdly, section 281(4) of the 1999 Constitution provides that where a vacancy occurs in the office of the President of the Customary Court of Appeal of Rivers State the most senior Judge of the Customary Court of Appeal of Rivers State shall act in the office until a substantive President of the Court of Appeal of Rivers State is appointed. It does not say most senior Judge of the High Court of Rivers State.

“It follows that for the position of acting Chief Judge of Rivers State, Judges of the High Court of Rivers State and Customary Court of Appeal of Rivers State are not interchangeable.

Now, Amaechi and Boms in clear violation of section 271(4) of the 1999 Constitution refused to swear in Honourable Justice Daisy Okocha who is the most senior Judge of the High Court of Rivers State in an acting capacity until the procedural niceties of appointing a substantive Chief Judge of Rivers State are fulfilled. Daisy Okocha happens to be the same Judge of the High Court of Rivers State that both the Rivers State Judicial Service Commission, JSC and the National Judicial Commission, NJC, have recognised as the new substantive Chief Judge of Rivers State and recommended for appointment to Governor Amaechi.

“Governor Amaechi does not have the constitutional power (as much as he would wish he had) to appoint the Chief Judge of Rivers State be it in a substantive or acting capacity outside the provisions of section 271 of the Constitution.

“Governor Amaechi and Worgu Boms have just done that. They did so in connivance with Justice Agumagu whose hunger for the office of Chief Judge of Rivers State in order to play effective lap poodle to Governor Amaechi knows no bounds. At last, Governor Amaechi can now use him as the point of contact in the Rivers State Judiciary for the terrorising of perceived political opponents.

“We can forgive Amaechi, he is not a lawyer. We can forgive Worgu Boms, he clearly lacks the experience and comportment required of the office of Attorney General. But should Justice Agumagu who is a past Chief Registrar of the High Court of Rivers State and who was called to the Bar nearly 40 years ago be forgiven for participating in what is first and foremost a constitutional rape and secondly, an affront to the powers of the NJC as provided in paragraph 21(c) of the 3rd Schedule of the 1999 Constitution?

“We wish to inform the good people of Rivers State that: (1) Justice Agumagu is not a Judge of the High Court of Rivers State. (2) Justice Agumagu is a Judge of the Rivers State Customary Court of Appeal. He in fact heads that Court which should ordinarily make him satisfied and fulfilled.  (3) Justice Agumagu is not qualified, pursuant to section 271(4) of the 1999 Constitution, to be appointed as Acting Chief Judge of Rivers State as he is not the most senior Judge of the High Court of Rivers State. (4)  Justice Agumagu is a clear usurper of office of Acting Chief Judge of Rivers State.

“We state without equivocation that Governor Amaechi having found that he no longer has a pliant Police to do his bidding has swooped on the Judiciary and in Justice Agumagu has found a willing tool to oppress the people of Rivers State.

“We urge Governor Amaechi who has a non-performing Executive arm of Government; a comatose Legislature; and who now seeks to destroy the Rivers State Judiciary to voluntarily resign from office. Governor Amaechi is clearly a danger to democracy and the Rule of Law and shall continue to remain such a danger as long as he holds high political office.

“It is apparent that Governor Amaechi is now completely bereft of any ideas of good governance, observance of the rule of law and due process. As the Bible often says when a ruler embarks on self-destruction – “the Holy Spirit has departed from him”.

“We advise Justice Agumagu, President of the Rivers State Customary Court of Appeal and pretender to the office of the Acting Chief Judge of Rivers State to make hay while the sun shines and return to his duty post as the President of the Customary Court of Appeal of Rivers State. His Lordship knows that he is not a Judge of the High Court of Rivers State and anything he does or purports to do in the period of his usurpation are null and void. Please sir, do not further lend your name to this insane travesty.

“Finally, we remind Attorney General, Worgu Boms that there is professional life outside the office of the Attorney General. He should look back at history and remember two former Attorneys General that the office diminished rather than enhance.”