Chief Judge of Rivers State, Justice P.N.C. Agumagu has been suspended by the National Judicial Council (NJC).
According to a statement issued by the commission’s Acting Director of Information, Mr. Soji Oye, the Council arrived at the decision at its emergency meeting.
Agumagu — a former President of the Rivers Customary Court of Appeal — was sworn in as substantive Chief Judge of the state on 18th March 2014.
But NJC has kicked against it, saying his appointment violated provisions of Section 271 of the 1999 Constitution, which stipulate expressly that a state governor must appoint a Chief Judge on the recommendations of the NJC. NJC, however, never recommended Justice Agumagu to Governor of Rivers State, Rotimi Amaechi for appointment as Chief Judge of the state.
“The National Judicial Council 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”, read a part of the statement.
“That the National Judicial Council does not and will not recognise Justice P.N.C. Agumagu as the Chief Judge of Rivers State. The general public and all concerned in the matter, particularly the governor of Rivers, the state assembly and the judiciary, be notified and informed that the NJC will not deal with Agumagu as the Chief Judge of Rivers.
“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”.
NJC also directed the issuance of a query to Agumagu to explain in writing within four days, why he should not be removed from office as a judicial officer.
“This is due to his failure to abide by his oath of office to uphold the Constitution and Laws of the Federal Republic of Nigeria”, the body said.
