NBA welcomes court decision, as Rivers State gets Acting Chief Judge

The President of the Nigerian Bar Association (NBA), Okey Wali, SAN, has described as welcoming the recent decision of the Federal High Court on the appointment of the most Senior Judge in the Rivers State Judiciary as Acting Chief Judge.

In a Press Statement to the media, Wali noted that the development was a huge relief to the association.

“We do not intend to dwell on the legalese and merits or demerits of the matter before the Federal High Court, but we are concerned with the orders of the Federal High Court, which we believe, not only presents the solution but will also ameliorate the hardship occasioned by the absence of the Chief Judge in Rivers State,” he said.

The President bemoaned the hardship which the non-existence of a Chief Judge in the State had caused, stating that it led to the piling up of cases, thereby bringing untold hardship to members of the Bench, the Bar, and the Litigating Public in Rivers State since 2013.

He appealed to the Governor of Rivers State, Rt. Hon. Rotimi Amaechi to respect the orders of the Court and swear-in the most Senior Judge in the Rivers State Judiciary as the Acting Chief Judge of Rivers State.

“The NBA appeals to the Governor of Rivers State, His Excellency, Rt. Hon. Rotimi Amaechi to, in the interest of the Litigating Public, the Bar and the Bench, swear in the most Senior Judge in the State Judiciary, without prejudice to whatever his reaction might be to the judgment, while putting in motion the machinery to appoint a substantive Chief Judge for Rivers State,” Wali beseeched.

It will be recalled that the appointment of the President of the Rivers State Customary Court of Appeal, Justice P.C.N Agumagu as Acting Chief Judge of the state in 2013 by Governor Amaechi had led to a series of controversies, with critics referring to the appointment as a violation of Section 271(4) of the 1999 Constitution which provides that until a substantive appointment is made, the most Senior Judge of the High Court assumes the position.

Delivering his judgment in Port Harcourt last week, Justice Lambo Akanbi of the Federal High Court, stated.

“The question as to who qualifies to be appointed as acting chief judge of the state has generated a lot of needless controversy. The provision of Section 271, sub-section 4 of the constitution is very clear, explicit and without ambiguity.

“It says the governor shall appoint the most senior judge of the High Court. The question is, who is Justice P.N.C Agumagu and where does he belong? Is he a judge of the High Court of Rivers State, appointed pursuant to the provision of Section 270, sub-section 1 of the constitution or a judge of the Customary Court of Appeal under Section 280, sub-section 1 of the same constitution?

“The inevitable conclusion I have reached is that Justice Agumagu, is not qualified as a state High Court judge, hence he is not suitable and unqualified to be appointed as acting chief judge of the High Court of Rivers State.

The NBA hopes Governor Amaechi will adhere to the decision of the court in the interest of the litigating public, the Bar and the B