Next Rivers Chief Judge: Lawyers flay NJC for approval of biased recommendation

PORT HARCOURT – LAWYERS in Rivers state have accused the National Judicial Council (NJC) of encouraging another attempt at orchestrating crisis in Rivers State Judiciary over NJC’s approval of the presentation of Justice Simeon Amadi as next Chief Judge (CJ) of Rivers.

With incumbent Rivers CJ, Justice Adanma Iyayi-Lamikaran, due for retirement in May this year, the agitated lawyers say they abhor NJC’s approval of the presentation of Justice Amadi to succeed the incumbent CJ over Justice Joy Akpughunum, the most senior Judge of the High Court. after the incumbent.

The lawyers grievances were expressed in a collective statement signed by John Owubokiri, Ngozi Odukwe-Ighosevbe and nine others, under the Concerned Lawyers in Rivers.

The Rivers based legal practitioners said, “It was with shock we received news on Friday, March 19, 2021 that NJC had approved appointment of His Lordship, Justice Simeon Chibuzor Amadi as CJ of Rivers State to succeed incumbent CJ the Honourable Justice Adanma Iyayi-Lamikanran who is to retire from active service in May, 2021.

“Our shock flows from memories of the ugly crisis the judiciary was embroiled in the last time an adventurous governor stepped over the most senior judge of the High Court to appoint another judge rendering judicial services at the Customary Court of Appeal in Rivers State.

“The 2014 Judiciary crisis which led to closure of all Courts in Rivers was put in motion by then Governor Chibuike Amaechi’s refusal to swear in His Lordship, the Honourable Justice Daisy Okocha, most senior Judge of the High Court of Rivers State, who had also been cleared for appointment by the NJC from a list of two nominees, the Honourable Justice Okocha and the Honourable Justice Peter N. C. Agumagu.

“Governor Amaechi jettisoned the recommendation of the NJC and swore in Justice Agumagu, plunging the Judiciary into deep crisis, confusion and a period of uncertainty. As then Minister of State for Education, Governor Nyesom Wike openly and actively supported eventual emergence of Justice Okocha as CJ. It is worthy of note that Justice Okocha served for only six months as Chief Judge.

“When Governor Wike assumed office in 2015, he nominated the most senior judge of the High Court, the Honourable Justice Adanma Iyayi-Lamikanran for the office of CJ of Rivers to the NJC and she was duly cleared for appointment by the NJC.

“That decision of His Excellency to nominate the most senior judge of the Judiciary for appointment as CJ was hailed by the legal profession and civil society especially because the nominee was not an indigene of Rivers. The Governor was hailed because he kept faith with a hallowed tradition even in that unlikely situation.

“This tradition, also practiced in the apex court of Nigeria, the Court of Appeal and federal courts of first instance, that is, the Federal High Court and the National Industrial Court of Nigeria, dissuades unhealthy competition and jostling for leadership, promotes independence of the judiciary, assures seamless transition and succession, continuity and avails the public the certainty of experience in office.

“The legal community in Rivers is at a loss as to why His Lordship, the Honourable Justice Joy Akpughunum was excluded by the government of Rivers State in the list of nominees sent to the NJC for consideration in the succession to the CJ of Rivers, a list that featured the Honourable Justice S. O. Iragunima, second most senior behind Justice Joy Akpughunum [now retired], Justice S. C. Amadi, third most senior and Justice E. Teetito, fourth most senior.

“What reasons informed the exclusion of Justice Joy Akpughunum, who apart from being the most senior judge after the incumbent Chief Judge is outstandingly brilliant, diligent, fair and most importantly, completely free of any smear of corruption?

“Why was the NJC mischievously presented with a fait accompli to make a choice between candidates that by judicial tradition ought to have been considered only after the most senior was found unworthy or unqualified by the NJC?

“There has been great disquiet in legal circles since this unsavoury news broke last Friday. Theories of political calculations and ethnic bias are being churned out to explain this policy flip by a government that prides itself as being respectful of the law, judicial tradition and the judiciary.

“A storm is brewing in Rivers State as a result of this indiscreet application of executive power to pervert judicial tradition. We lay no blames at the feet of the NJC but we humbly urge that august body to cause an investigation to be carried out to ascertain the reasons tradition was jettisoned for unknown factors and considerations.

“We also humbly urge Government of Rivers to retrace its steps before the matter escalates into full blown crisis. Our own Justice Mary Peter Odili of the Supreme Court of Nigeria is next in line to succeed to the office of Chief Justice of Nigeria.

“We cannot by-pass His Lordship, the Honourable Justice Joy Akpughunum who has two more active years on the Bench and expect the federal authorities to do justice to a tradition we are attempting to jettison.”