NJC suspends Rivers CJ

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From GODWIN TSA, Abuja

There seems to be no end in in sight in the lingering controversy over the appointment of a substantive Chief Judge for Rivers State as the National Judicial Council (NJC) has declared that the appointment, confirmation and swearing-in of Justice P.N Agumagu as a Chief Judge of the State was a breach of the 1999 constitution and accordingly  ordered his suspension from office.
The Council which took the decision after an emergency meeting on Wednesday said his suspension from office as a judicial officer was based on his failure to abide by his Oath of Office to uphold the Constitution and Laws of the Federal Republic of Nigeria.
The meeting which was presided by the Chief Justice of Nigeria [CJN], Justice Mariam Aloma Mukhtar, who doubles as the Chairman of the NJC further directed that a query be issued to Hon. Justice P. N. C. Agumagu to explain in writing within four (4) days, why he should not be removed from office as a Judicial Officer for his failure to abide by his Oath of Office.
In the course of deliberations on the matter, Council referred to the express provision of Section 271 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which provides that:-
“The Appointment of a person to the Office of the Chief Judge of a State shall be made by the Governor of the State on the recommendation of the National Judicial Council, subject to the confirmation of the appointment by the House of Assembly of the State.”
Washing its hands off the purported appointment of Justice Agumagu, the Council said it did not at any time make any recommendation to the Governor of Rivers State, Chief Rotimi Ameachi that Justice Agumagu, President, Customary Court of Appeal be appointed the substantive Chief Judge of Rivers State.
In view of this position, the NJC resolved that it does not and will not recognise Hon. Justice P.N.C. Agumagu as the Chief Judge of Rivers State.
In addition, the Council called on the general public and all concerned in the Matter, State House of Assembly, and the Judiciary in Rivers State, be notified and informed accordingly.

NJC also directed that a query be issued to Hon. Justice P. N. C. Agumagu to explain in writing within  four (4) days, why he should not be removed from office as  a Judicial Officer for his failure to abide by his Oath of Office to uphold the Constitution and Laws of the Federal Republic of Nigeria;
In the meantime, Council in the exercise of its Powers under Paragraph 21 (d) of Part 1 of the Third Schedule of the 1999 Constitution has suspended Hon. Justice P. N. C. Agumagu from Office as a Judicial Officer with immediate effect