ONYEDI GABRIEL, PORT HARCOURT
Crisis has engulfed the Rivers State judiciary following the nomination of Justice Amadi Chibuzor, who hails from Emohua Local Government Area, as the new Rivers State Chief Judge.
The Accountability Mandate (AM) petitioned the National Judicial Council (NJC) describing the nomination as wrong and violation of the norms and tradition of seniority in the judicial system.
The group in a statement issued and signed by its Coordinator, Stan Stephen, particularly said the move was a violation of section 271 subsection 4 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“This nomination and appointment are based on ethnic consideration by Governor Nyesom Wike because he hails from the Ikwerre ethnic group to cause disaffection among the officials at the temple of justice”, it said.
The group said based on the hierarchy of judges in the state, Justice Joy Akpughunum was the next in rank to occupy the exalted position as a chief judge.
It said: “The second in seniority is Justice Joy N. Akpughunum. She is supposed to mount the rostrum of the chief judge based on the tradition of seniority. We frown at this development because it is unconstitutional and also an attempt to impose a burden of credibility on the NJC.
“Justice Akpughunum shouldn’t be made to suffer this injustice because of her gender or ethnic background to be denied a life-long aspiration to rise to such a noble height in her career.
“We believe that the House Committee Chairman on judiciary act on this infraction that leaves our women judges vulnerable to political manipulations by the Rivers Government”.
Also, a group of concerned lawyers vehemently kicked against what they described as the imposition of Justice Chibuzor as the state’s chief judge saying that the situation was capable of snowballing into an irretrievable crisis.
The lawyers, who made their position known in a statement are John Owubokiri, Ngozi Odukwe-Ighosevbe, Stephanie Ekpebulu-Harry, Mercy Damina, Flora Ifode-Festus, Esther Mabadeje, Maxson Edirawa, Chibuzor Gladys, Yvonne Aimegheme,Monica Akinuli and Goma kalio Ohochukwu.
They said they were appalled by the decision of the NJC to approve Amadi as the chief judge.
The statement said: “It was with shock that we received the news on March 19, 2021, that the National Judicial Council had approved the appointment of His Lordship, Justice Simeon Chibuzor Amadi as Chief Judge of Rivers State to succeed the incumbent Chief Judge of the state, Justice AdanmaIyayi-Lamikanran, who is to retire from active service in May 2021.
“Our shock flows from our memories of the ugly crisis the judiciary was embroiled in, the last time an adventurous governor stepped over the most senior judge of the High Court to appoint another judge rendering judicial services at the Customary Court of Appeal in Rivers State.
“The 2014 judiciary crisis, which led to the closure of all the courts in Rivers State was put in motion by Governor Chibuike Amaechi’s refusal to swear in His Lordship, the Honourable Justice Daisy Okocha, the most senior Judge of the High Court of Rivers State, who had also been cleared for appointment by the NJC from a list of two nominees.
“Governor Amaechi jettisoned the recommendation of the NJC and swore in Justice P. N. C. Agumamagu, plunging the judiciary into a deep crisis, confusion and a period of uncertainty.
“As Minister of State for Education at the time, Governor Nyesom Wike openly and actively supported the emergence of Justice Okocha as Chief Judge. It is worthy of note that Justice Okocha served for only six months as Chief Judge.
“When Governor Nyesom Wike assumed office in 2015 he nominated the most senior judge of the High Court, the Honourable Justice Adanma Iyayi-Lamikanran for the office of Chief Judge of Rivers State to the NJC and she was duly cleared for appointment by the NJC.
“That decision to nominate the most senior judge of the Judiciary for appointment as Chief Judge was hailed by the legal profession and civil society especially because the nominee was not an indigene of Rivers State.
“The governor was hailed because he kept faith with a hallowed tradition even in that unlikely situation. This tradition dissuades unhealthy competition and jostling for leadership promotes the independence of the judiciary, assures seamless transition and succession, continuity and avails the public the certainty of experience in the office.”
The lawyers wondered why Justice Joy Akpughunum was excluded by the government of Rivers State in the list of nominees sent by the state to the NJC for consideration.
A DSS report dated October 30th, 2020 and addressed to the Chairman, Judicial Service Commission (JSC) did not clear Akpughunum after a security check carried out by the department.
The report titled, Vetting report on nominees for Chief Judge of Rivers State was signed by the Rivers State Director, DSS, SZ Mohammed and was compiled following a request by the judicial service commission that Justice Akpughunum, Justice Amadi and Justice Teetto, provisional nominees should be vetted by the department.
The DSS report was not favourable to Akpughunum, who hails from Abua-Odua Local Government Area on areas of integrity and character checks; professional and administrative competence and relationship with colleagues.
But the Justice Amadi and Justice Teetto, who hails from Eleme Local Government Area received a favourable report on all areas of examination.