The suspended Rivers State Chief Judge Justice P.H.C. Agumagu has sued the National Judicial Council (NJC) and three others over his suspension and threat to sack him.
In a suit he filed before the Federal High Court, Abuja, Justice Agumagu is challenging NJC’s decision to suspend him and praying the court to restrain members of a panel set up to investigate the allegations against him from taking any further steps in respect of his case until the determination of the suit he filed.
Sued with NJC are Justices Babatunde Adejumo, Jubril Idris and Comwell Idahosa (Chairman and members of the panel set up by the NJC to investigate allegations against the applicant (Justice Agumagu).
He is, by the suit, praying the court for “an order of certiorari, removing to this court for the purpose of being quashed the query and letter of suspension from office of the applicant as a judicial officer, Ref. No. NJC /S.32/RV.CCA/1/1/36 dated March 26, 2014 written by the 1st respondent to the applicant”.
The applicant also seeks “an order of certiorari, removing to this court for the purpose of being quashed, the minutes of the decisions reached by the 1st respondent at its emergency meeting of March 26, 2014 concerning the applicant.”
Justice Adeniyi Ademola, before whom the case is pending, on Monday heard an ex-parte application by the applicant and granted him leave to serve processes on the respondents. He adjourned the hearing till April 10.
The NJC announced on March 27 that it will not accord any recognition to the newly appointed Chief Judge, adding that the council said it would not deal with him in that capacity, and also elected to suspend him as a judge.
It issued Justice Agumagu a query, directing him to explain, in writing within four days, why he should not be removed from office as a judge for his alleged failure to abide by his oath of office to uphold the Constitution and Laws of the country.
NJC, at its 10th emergency meeting held the previous day, concluded that due process was not observed in Justice Agumagu’s appointment.
NJC’s Acting Director, Information, Soji Oye said in a statement that “At its 10th Emergency Meeting, which was held on March 26, 2014, the National Judicial Council, under the chairmanship of the honourable Chief Justice of Nigeria, Justice Aloma Mariam Muktar, considered the purported appointment, confirmation and swearing-in of Justice P. N. C. Agumagu as the substantive Chief Judge of Rivers State on March 18, 2014.
“In the course of deliberations on the matter, council noted as follows:
*That it is expressly provided in Section 271 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) 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 NJC, subject to the confirmation of the appointment by the House of Assembly of the state.
*That the NJC did not, at any time, make any recommendation to the Governor of Rivers State that Justice P. N. C. Agumagu, President, Customary Court of Appeal be appointed the substantive Chief Judge of Rivers State.
“Council therefore resolved as follows:-
*That the NJC does not and will not recognise Justice P.N.C. Agumagu as the Chief Judge of Rivers State.
*That the general public and all concerned in the matter, particularly the Governor of Rivers State, the Rivers State House of Assembly, the Judiciary in Rivers State, be notified and informed that the NJC will not deal with Justice P.N.C. Agumagu as the Chief Judge of Rivers State;
*That a query be issued to Justice P. N. C. Agumagu to explain in writing within four 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 exercise of its powers under Paragraph 21 (d) of Part 1 of the Third Schedule of the 1999 Constitution, has suspended Justice P. N. C. Agumagu from office as a judicial officer with immediate effect.”
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