THE Nigeria Bar Association (NBA) has said that the ‘Doctrine of Necessity’ will be applied to swear-in the next governor of Rivers State, if Governor Chibuike Amaechi fails to appoint an acting or substantive Chief Judge by May 29 2015.
There has not been a substantive Chief Judge of Rivers State since retirement of Justice Ichechi Nwenenda Ndu, in August, 2013.
Amaechi had brushed aside the National Judicial Council (NJC)’s recommendation of Justice Daisy Okocha and gone ahead to appoint Justice Peter Agumagu, then President of the Customary Court of Appeal, who has since been suspended by the NJC. Concerned about the looming constitutional crisis, the NBA Port Harcourt branch chairman, Dennis Okwakpam, told The Guardian that despite the numerous legal issues pending in court over the appointment of a Chief Judge, the bar remains confident that Amaechi would appoint a new one. Okwakpam however argued that if the governor fails to appoint a Chief Judge by May 29 to swear-in the governor elect, Nyesom Wike of the Peoples Democratic Party, legal experts will resort to the doctrine of necessity to avert a constitutional crisis.
“He, Amaechi, will do what he needs to do between now and May 29. If he does not, we have all kinds of options. If we have to rely on Doctrine of Necessity, we will. But there will be a governor here in Rivers State come May 29th” he said. He explained that a Federal High Court sitting in Port Harcourt has advised the Rivers State Government and the NBA which sued in over the closure of court premises in the State since last year, to expeditiously resolve the dispute. Courts in Rivers State have been under lock and key following the NJC’s suspension of Justice Peter Agumagu who was sworn-in as the Chief Judge of the State in April 2014, by Amaechi. The subsequent appointment of Justice Okocha, as an administrative judge for the state by the NJC, which was rejected by the state government, forced judiciary workers to embark on an indefinite strike. At present, there are over 2,655 inmates awaiting trial at the Port Harcourt prisons due to the closure of the courts.
A top Peoples Democratic Party stalwart who would not want to be mentioned told The Guardian that Justice Okocha who the NJC appointed as Administrative Judge will be assigned to swear in Mr. Wike as Governor and after the State House of Assembly has been inaugurated, her name will be formally presented for confirmation as the Chief Judge.
In another development, the Peoples Democratic Party (PDP), Rivers State chapter has described the planned conduct of the Local Government Council elections in 22 councils by the RSIEC as illegal, provocative and a waste of resources. The PDP chairman, though his media aide, Jerry Needam said his party rejects and dissociates itself from such arrangement by the Amaechi-controlled Rivers State Electoral body (RSIEC) under Prof. Ahiazu, stating that accepting to organize such illegitimate and doubtful exercise at the 11thhour of the termination of the APC-led government in the State does not present the Chairman and his Commission as unbiased. He said the Party believes that officials off RSIEC are abreast with the provisions of the Electoral Law and guidelines, particularly as it relates to the conduct of the Councils polls. According to him, the party wishes to bring to the attention of the commission the section that stipulates 90 days notice to the political parties before the conduct of any election.
He said the anxiety, suspicion and distrust which the rush to conduct Council polls is generating since yesterday shows that the state is not ready for another gamble by the state government. “What the Governor ought to be doing now is to constitute May 29 Transition Committee and to ask for submission of handover notes from his Aides and Executive Council members as being done at the centre by President Jonathan. Our analysis of this development points to the facts that hurrying to conduct election before the end of Gov Amaechi’s tenure (about four weeks) is done simply to justify the desires of the outgoing Governor, including causing political crisis in the State for the incoming Governor to contend with” he said. “We’re also aware that Governor Amaechi has concluded plans to use his rubber stamp members of the non functioning House of Assembly to amend the laws on conduct of LGA elections mid way in the State to enable him continue with the exercise having realised the legal lacuna. This is another way of destroying the fortune and democratic system, as well as perverting justice in the State by a desperate Amaechi. The PDP therefore, calls on Rivers people to ignore the announcement by the Rivers State Electoral Commission, calling for their participation in the proposed election, saying such action by Gov Amaechi is in futility, waste of time and Rivers money” He added.
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