Ahmed gave this commendation on Monday in Port Harcourt, Rivers State, when Magu paid him a courtesy visit. “You are doing a good job and we are proud of you.

“Corruption is a monster. It has tried to destroy the nation but with your efforts and efforts of your men, we will overcome it. Someone doing a good job like you must be faced with so many obstacles but by the grace of God, you will overcome them”, he said.

Magu was in the Port Harcourt Zonal office of the EFCC on a one-day working visit. Aside his courtesy call on the Police Commissioner, he also visited the Chief Judge of Rivers State, Justice Iyayi Laminkara.

The visit yielded useful exchange of ideas on how to improve on the prosecution of EFCC’s cases. Justice Laminkara reiterated her disposition and commitments to expeditious trial of corruption cases. “To this effect, there are judges that we have designated for such cases and we are making progress in this regard”, she said.

Magu was accompanied on the visits by the Zonal Head, Salihu Ishaq among other officers.

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The request was contained in a press statement personally signed and made available to journalists in Abuja by the Attorney-General of the Federation and Minister of Justice, Mohammed Adoke (SAN).

Adoke said the request became necessary because of the existing vacuum in the Office of the Chief Judge of Rivers State as well as the Office of the President of the Customary Court of Appeal of the state.

He said the vacuum had made strict compliance with requirements of Section 185(1) and (2) of the 1999 Constitution under which Wike should be sworn in virtually impossible.

The minister said in order to avert a likely constitutional crisis in the state on May 29 when Wike was expected to be sworn in as governor, he had requested the Bayelsa CJ to carry out the exercise in accordance with Section 185 (2) of the Constitution.

He said the section provides that “the Oath of Allegiance and the Oath of Office shall be administered by the Chief Judge of the state or Grand Khadi of the Sharia Court of Appeal of the state, if any, or President of the Customary Court of Appeal of the state, if any, or the person for the time being respectively appointed to exercise the functions of any of those offices in any state.”

“The general public, particularly the government and people of Rivers State, are hereby invited to take note of this development and appreciate the fact that the invitation extended to the Chief Judge of Bayelsa State to administer the Oath of Allegiance and Oath of Office on the Governor-elect of Rivers State on May 29, 2015 is in accordance with the Constitution and should therefore be respected by all and sundry,” Adoke added.

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Agumagu, who sued the National Judicial Council before the Federal High Court in Abuja, challenging his suspension by the council, had among other prayers, asked the Supreme Court to strike out the appeal records compiled by the council.

The NJC had suspended Agumagu for allegedly flouting his judicial oath by allowing Governor Rotimi Amaechi to swear him in as the Chief Judge of Rivers State without the council recommending him.

In one of the interlocutory appeals arising from his suit, Agumagu had contended that the Court of Appeal was wrong in interpreting the provisions of the Court of Appeal Practice Direction of 2013.

Agumagu, in the appeals, also challenged the refusal of the Court of Appeal to strike out the records of proceedings compiled by the NJC.

Agumagu’s counsel, Akinlolu Olujinmi (SAN‎), had contended that the NJC was wrong to have compiled the records of appeal within 14 days instead of the 60 days stipulated by the law.

Olujimi had also urged the Supreme Court to direct the Court of Appeal to stay proceedings in a separate appeal, which was filed by the NJC.

The NJC had filed its appeal against the decision of the trial judge, Justice Adeniyi Ademola, who decided to hear its objection along with the Agumagu’s main suit.

The NJC had appealed against the decision and compiled the records within 14 days to enable the appeal court to hear the case on time.

However, Agumagu’s counsel, Olujimi objected, saying the compilation of the records did not follow due process, arguing that the law stipulated 60 days for the record to be compiled and that leave of court ought to be obtained.

In a ruling delivered by Justice Bode Rhodes-Vivour, the Supreme Court dismissed the appeal and ordered all the parties to return to the Court of Appeal‎ for hearing of the main appeal.

In the lead judgment delivered Rhodes-Vivour, the apex court held that the appeals were premature, as they ought to have been filed after final determination of the suit.

Justice Rhodes-Vivour said, “We have examined this, and the other grounds of appeal and are satisfied that the issues in the appeal are matters that can be brought to this court when the appeals are concluded.

“Accordingly, application for a stay of proceedings of the pending appeals in the court of appeal‎ is hereby struck out. Notice of appeal to this court is also struck out.”

NJC’s lawyer, Wole Olanipekun (SAN), had opposed the appeal, arguing that the appellant should have waited for the Court of Appeal to decide the substantive appeal.

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A statement from the Acting Director of Information in the NJC, Soji Oye, said the Council took the decision at an emergency meeting on Wednesday.

The statement explained that Justice Agumagu’s appointment was illegal, as it did not comply with the provisions of section 271 of the 1999 Constitution, which stipulated that a state governor must appoint a Chief Judge on the recommendation of the NJC.

The NJC stressed that it did not recommend Justice Agumagu for appointment as the state’s Chief Judge.

Besides the suspension, Justice Agumagu is also facing dismissal as the NJC has queried him, asking him to explain why he should not be dismissed as a judicial officer for failing to abide by his Oath of Office.

The statement reads, “At its 10th emergency meeting, which was held on the 26th March, 2014, the National Judicial Council under the chairmanship of Hon. Chief Justice of Nigeria, Hon. Justice Aloma Mariam Muktar, considered the purported appointment, confirmation and swearing-in of Hon. Justice P. N. C. Agumagu as the substantive Chief Judge of Rivers State on the 18th day of March, 2014.

“In the course of deliberations on the matter, Council noted 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 National Judicial Council, subject to the confirmation of the appointment by the House of Assembly of the State.

“The National Judicial Council did not at any time make any recommendation to the Governor of Rivers State that Hon. 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 National Judicial Council does not and will not recognise Hon. 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 National Judicial Council will not deal with Hon. Justice P.N.C. Agumagu as the Chief Judge of Rivers State.

“That a query be issued to Hon. 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 Hon. Justice P. N. C. Agumagu from Office as a judicial officer with immediate effect.”

Meanwhile, the Rivers State Government has described the NJC decision as a clear case of highhandedness and intolerance that is unacceptable for a body charged with the responsibility of protecting the integrity of the judiciary.

A statement signed by Ibim Semenitari, Commissioner of Information and Communications, said that the attitude of the body has laid credence to the fears of the Rivers State Government that the body has been influenced by one of its members, O.C.J Okocha (SAN) who has filial ties with the NJC’s preferred candidate, Justice Daisy Okocha.

“The impression is that the NJC in using its “old boys network” could not be bothered about the propriety or constitutionality of usurping the role of the Governor of Rivers state in the appointment of a chief judge for the state.

The state government said that while it has absolute respect and admiration for the judiciary and the NJC, it will respectfully request the NJC not to allow itself to become a tool in the hands of those who want to push merit to the back burner while exalting nepotism and sectional interest.

“The Rivers state government will urge the NJC to protect the sanctity of the Courts by prosecuting the appeal which is already before the Court of Appeal and indeed respect the constitution of the Federal Republic of Nigeria which it has a responsibility to uphold in the interest of justice, fair play and fair mindedness.

It insisted that the appointment of Agumagu followed substantially the clear provisions of the Nigerian Constitution. “Contrary to insinuations contained in the purported statement of the NJC, the learned jurist did not violate any written or unwritten creed or code of his judicial calling or the provision of the Constitution or any other law of the land.

“In accordance with the provisions of Part IIC, under Section 197 of the 1999 Constitution – his name was submitted by the Rivers State Judicial Service to the National Judicial Council for consideration as Chief Judge of Rivers State. Consequently, the Governor duly received the recommendation of the NJC – which strangely omitted the name of Justice Agumagu.

“The Rivers State government is well aware that there is no constitutional provision compelling the governor to appoint a chief judge based on his or her seniority or even based on the arm of the judiciary to which such a person belongs. What the constitution requires is a minimum of 10 years post bar qualification.

“This is evidenced even by the appointment of the immediate past chief judge of the state, Justice Iche Ndu who was appointed chief judge over his seniors at the bench. At the time of Justice Ndu’s appointment, the Justice Sotonye Denton-West and Justice A.C. Woryi were both Justice Ndu’s senior.

“Justice Denton-West was the most senior judge in the Rivers State judiciary then, yet the NJC did not compel the governor at the time to announce her as Chief Judge.

“The refusal of the NJC to abide by the recommendations of the Rivers State judicial council on the appointment of the state chief judge and its insistence on a particular candidate is a cause of worry for the Rivers State Government.

“Such insistence may appear to mark the NJC out as clearly partisan and invariably as a party to the case. Since the NJC has shown such personal interest, in this matter, it raises the fundamental question of how justifiable it is to for NJC to interpose itself in a case in which it clearly has more than a passing interest.

“Certainly in the light of applicable principles of administrative law it would seem that the body may have to take its hands off adjudicating on the matter of the Rivers State Chief Judge or better still seek redress in the courts.

The NJC in its decision appears not to have taken into consideration the judgment delivered by the Honourable Justice Lambo Akanbi of the Federal High court, Port Harcourt.

Semenitari said that the state government finds the position of the NJC rather curious especially in view of the pendency of the res (subject matter) at the Court of Appeal.

“The Rivers state government had gone to the courts to seek interpretation of Section 271 of the constitution of the Federal Republic of Nigeria as regards the appointment of a chief judge of the state. That section of the constitution clearly states that “A person shall not be qualified to hold office of a Judge of a High Court of a State unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years.”

“To enable it act within the confines of the law the Rivers State Government sought the court’s interpretation. The learned Justice Akanbi in delivering his judgment declared unconstitutional the deliberate omission of Justice Agumagu’s name by NJC on the ground that Justice Agumagu was a Judge of the Rivers State Customary Court of Appeal.

“Justice Agumagu is the most senior judge in the Rivers State judiciary today. His very sterling record and leadership abilities was the reason why he was seconded to the Rivers State Customary Court of Appeal in 2008 – as its President – to spearhead the establishment of that critical level of justice delivery in Rivers State at a very troubled time in the history of the State and indeed the Niger Delta region – due to violent militancy and criminality.

“His record in that responsibility speaks for itself and indeed qualifies him for any role in a judicial capacity at the state, national and international level.

“Clearly the appointment of Honourable Justice P.N.C Agumagu as the substantive Chief Judge of Rivers State satisfies every relevant standard of the Nigerian Constitution.

“As the Court has already held, it accords with the provisions of section 271 (3-5) of the Constitution of the Federal Republic of Nigeria to the effect that: “A person shall not be qualified to hold office of a Judge of a High Court of a State unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years.” Honourable Justice P.N.C Agumagu surpasses that constitutional benchmark by far.

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