Emergence of first female chief judge, Daisy Okocha and stabilizing judiciary in Rivers State

On Monday, 04 January, 2016, Daisy Wotube Okocha was sworn-in as a substantive Chief Judge of Rivers State, after serving in acting capacity since June 2015. She is Rivers State’s first female Chief Judge since its creation in 1967.

About three years ago, an attempt for her to assume the state’s top judiciary position was met with heavy executive resistance and blockage by the immediate past administration of Chibuike Amaechi. Former governor Amaechi stoutly resisted to implement the recommendation of the National Judicial Council (NJC) to have Okocha assume the state’s top judicial position based on seniority and succession.

The NJC recommended the appointment of Daisy Okocha as Chief Judge of Rivers State on 22 July, 2013; while the Court of Appeal on 23 December, 2015, set aside a Federal High Court judgment, which had initially ruled that the state governor is not bound to comply with the recommendation of the NJC.

The raging misunderstanding between former governor Amaechi and Daisy Okocha, on the one hand, and the NJC on the other, which evidently prevented her from becoming the new state Chief Judge, based on succession, produced an unending drama that snowballed into the suspension of the entire Rivers judiciary by the NJC, and later, the closure of all courts in the state for upward of two years. Judicial activities literally came to a standstill. The Bench was helpless, while the Bar kicked. A subsequent strike by judiciary workers (JUSUN) was to add more insult into the festering injury.

The climax of the judicial impasse in the state, was the embarrassing absence of a substantive Chief Judge to swear-in Nyesom Wike as new Governor of Rivers State on 29 May, 2015; leading to the NJC intervening by drafting in the Chief Judge of neighbouring Bayelsa State to perform the function.

Okocha, whose tenure as C.J would be shortlived (having lost two full years, July 2013 – June 2015) before she retires from the judicial service, was sworn-in by Governor Wike, whose administration opened up the State’s courts shortly after assuming office on 29 May, 2015.

Governor Wike, while performing the Chief Judge’s swearing-in at the Executive Chamber of Government House, Port Harcourt, declared that the coming of Daisy Okocha as the substantive Chief Judge of Rivers State is a “victory for the rule of law, and respect for the rules of succession, as outlined by the National Judicial Council (NJC).”

Meanwhile, in November 2015, the National Judicial Council had recommended the extension of the appointment of Daisy Okocha as the Acting Chief Judge of the State, from 1st December, 2015 to 15th January, 2016. She has been the state Acting Chief Judge since 01 June, 2015.

Governor Wike said, by swearing-in Okocha, the state government only acted in line with the recommendation of the National Judicial Council, which was further confirmed by the Court of Appeal on 23 December, 2015; adding that “with the recent development, it is clear that governors cannot willfully disrespect the recommendation of the NJC, as was the case with the Amaechi administration in the state.”

According to him, “allowing the Judiciary to be subjected to the discretion of sitting  governors would desecrate the independence of the Judiciary, and lead to abuses that would negatively affect the dispensation of justice.”

Wike said: “The system will collapse if we refuse to respect the judicial system of succession as laid out. My administration will never do anything that will threaten the rule of law. We will always uphold the customs and traditions of the Judiciary. We never break down the laid down procedure. We will never run contrary to our avowed commitment to respect the independence of the Judiciary at all times.”  For the Deputy Governor, Ipalibo Harry-Banigo, equally the first woman deputy governor of Rivers State, “the appointment of Daisy Okocha as the substantive Chief Judge of Rivers State has brought sanity and stability in the Judicial System in Rivers State in particular and the Country as a whole.”

After being sworn-in, the new Rivers Chief Judge, who until 01 June, 2015, was in the eye of a ravaging judicial storm, Daisy Okocha said thus: “I thank God for making my elevation possible after two years of uncertainty. This is a solemn moment for me. The NJC recommendation of 22nd July, 2013, came to manifestation on Monday, 4th January, 2016. God has glorified Himself in my elevation as Chief Judge. Man can try, but only God’s counsel will prevail.”

She commended Governor Wike for giving the Judiciary the required independence to carry out its constitutional responsibilities.

BEN EGUZOZIE