CJN: decrying continued closure of Rivers courts

(NIGERIA) Newly appointed Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed recently described as unacceptable what he termed the continued closure of courts in Rivers State.

Specifically, Justice Mohammed lambasted the Governor of Rivers State, Rotimi Amaechi for allegedly circumventing seniority in the appointment of a new chief judge for the state, which according to the CJN was what led to the closure of courts in the state.

While calling on the Nigerian Bar Association (NBA) to wade into the matter and intervene in the efforts aimed at reopening the courts and put an end to suffering of litigants, Justice Mohammed in a statement issued by his media aide, Ahuraka Isah said, "The perpetual closure of courts in River State is unacceptable. The NJC has never said governors can’t appoint state chief judges.

"But the violation of the principle of checks and balances by the state governor in Rivers State as enshrined in the constitution for the appointment and disciplining of erring chief judges or judges is equally unacceptable. Seniority is part and parcel of the legal profession.

"To just appoint a chief judge from any position without recourse to seniority arrangement is an invitation to anarchy in the system, just as we are now witnessing in Rivers State."

Justice Mohammed promised to continue from where his predecessor, Justice Aloma Mukhtar (retd.), stopped in the cleansing of the judiciary, just as he accused lawyer of double-standard in the fight to cleanse the bench of its rot.

According to the CJN, "I want to use this opportunity to urge the Bar to put the interest of the system far and above the individuals. Imagine this scenario; you in the Bar decry the rot on the bench, calling for disciplining and cleansing of the judiciary by weeding out the bad eggs on the bench.

"Yet, you are the first to jump to the court to seek for a restraining order on the National Judicial Council to stop it from the investigation and trial of a judge based on a petition brought against the judge before the council. How then is the principle of fair hearing sustained?"

It would be recalled that a lawyer, Chukwunonso Daniel Ogbe had sometime in October 2014, initiated a suit against the NJC and Governor Amaechi  before a Federal High Court in Port Harcourt over the crisis trailing the appointment of a substantive Chief Judge (CJ) for the state. This crisis, no doubt led to the closure of the courts owned by the state government since June 2014.

Other defendants in the matter  aside NJC and  Amaechi includes; Rivers State Commissioner of Police, Rivers State House of Assembly, Rivers State Judicial Service Commission and the Attorney General of Rivers State.

The legal practitioner is praying the court for a declaration that, "The 
the closure of the courts in the state violates Section 33 (1) of the Constitution, and as such, infringed on the rights of lawyers in Rivers State to work under equitable and satisfactory conditions guaranteed under Article 15 of the African Charter on Human and Peoples Rights.

"An order declaring the closure of courts in the state as a violation of the rights of Nigerians to have access to courts, especially those standing trial on criminal matters."

The lawyer also want the court to compel the defendants to meet and resolve the dispute existing between them pertaining to the appointment of the Chief Judge of Rivers State, within a period of seven days from the date of the court’s order.

Ogbe wants the court to issue an order compelling the police and Rivers State governor to provide adequate security measures for the protection of the court premises of the state courts in Rivers State from violent attacks by hoodlums.

The lawyer also want the court to appoint ten senior members of the legal profession of unquestionable integrity, to mediate in the meeting to be held between the defendants for the purpose of resolving the dispute as to the right person to occupy the position of the CJ of Rivers State.

Aside from seeking an order compelling the NJC and Rivers State Government to jointly fund the meeting, the lawyer also wants an order compelling the defendants to pay him N20 million as the cost of the suit.

But apparently responding to the position of the CJN, Augustine Alegeh (SAN) who is the president of NBA posited that he had
met with Governor Amaechi over the continued closure of Rivers courts.

The NBA boss argued that the Rivers governor is disposed to a consensus candidate, on the condition that the NJC would withdraw its letter appointing Justice Daisy Okocha as administrative judge of the state.

Alegeh maintained that alternatively, a Justice of the Court of Appeal could be appointed to head Rivers State judiciary for two years. But Justice Mohammed who reiterated his concern over  Alegeh’s suggestion and insisted that the NBA should use its clout and contact to tackle the problem in Rivers State judiciary to mitigate the sufferings of the litigants and lawyers in that state.

PortHarcourt branch of the NBA through its publicity secretary, Angus Chukwuka argued that the continual closure of the Courts in Rivers State due to the lingering crisis in the judiciary undermines the judicial processes.

He warned that barring
judges and lawyers who are not on strike from accessing court premises in the state or anywhere in the country would amount to invitation to anarchy.

According to him, "Lawyers are entitled to enter the court premises to hold their meetings and do what they want to do legitimately. And also the judges should access the court premises, even access their offices and do work because they are paid.

"They were employed to work and they are ready to work.  It is improper. It is an invitation to breakdown of law and order. In fact, it is a breach of the peace. It is an attempt to undermine the judicial process."

On his part, former chairman of the branch, Emma Aguma, posited that those who  had what he termed the effrontery to seal  institution of government like the judiciary  have shown that they lack democratic credentials and  do not believe in the rule of law.

According to him, "I pray that the politicians will realise that they will  be biggest victims of any destruction of the democratic process. Even a dictator will allow some space for me to practice, even more space than the so called democracy in Rivers State is not allowing me to practice.

"Those of them who are not professional, I feel sorry for them. I have never held political office. It is those of them who have held political office that will end up in prison like in 1983, whether innocently, rightly or wrongly.

"So, in every art they are engaged in, they are endangering themselves and I will be a beneficiary because they will brief me and I will charge them. If they don’t brief me, they will brief my colleagues.

"They should learn to look after what they intend to destroy. If they destroy the court system, even when they leave office, there will be nothing to protect them."

But a human rights group, the International Society for Social Justice and Human Rights faulted the position of the Port Harcourt branch of the  NBA  over the crisis rocking the state judiciary.

Specifically, the branch had pointed out the need
for the Rivers State governor to make concessions in order to resolve the judiciary crisis in the state. The appointment of the CJ for the state had sparked a disagreement between the state government and the NJC, a development which led to the closure of the courts in the state.

While Amaechi appointed the most senior judge in the state Customary Appeal Court, Justice Peter Agumagu, as the state Chief Judge, the NJC rejected the appointment, prefering the most senior judge of the High Court, Justice Daisy Okocha.

The group's chancellor, Dr. Jackson Omenazu, argued that it was wrong for the NBA to ask the governor to shift ground on the matter.

Omenazu added that rather than blame the state government, the NBA should ask the NJC to shift ground or make concessions. According to him, "The needful thing to do is that the NBA, having been able to give a tacit approval to Amaechi’s position in the appointment of a state chief judge, should form a committee that should meet NJC and the chief justice of Nigeria and prevail on them to allow the law on the appointment of a CJ for the state to stand.

"Shifting ground or making concessions brought the idea of plea bargaining. The pertinent question we should ask is that is there morality in the action of the governor? Is there authority supporting the governor’s action?

"Is it morally right for the governor to shift ground on this issue? It is the NJC that should shift ground by allowing Justice Peter Agumagu to be the state chief judge."

Omenazu opined that the NJC should apologise to the people of the state for infringing on the rights of the masses by disagreeing with the choice of the state governor.

Omenazu urged the NJC to act within the law, adding that the council was acting outside the law as far as the appointment of a state chief judge was concerned.

Even, a civil society group, Society for the Promotion of Better Nigeria charged the CJN to consider looking into  the Judiciary crisis affecting Rivers State.

According to a statement signed by its Executive Chairman, Livingstone Nwechie, the state's Attorney General (AG), Wogu Boms  was alleged to have been frustrating every effort made to solve the lingering crisis.

Livingstone said the meeting between Boms and the young lawyers at the Ministry of justice Conference hall in Port Harcourt was uncalled for.

Rivers State Chapter of the All Progressives Congress (APC), on its parts called on the CJN for his immediate intervention in the crisis which according to it has paralysed the State Judiciary.

The party in a statement signed by the branch chairman,  Davies Ibiamu Ikanya, said, the appointment of  Justice  Mohammed as CJN came to the state  as a big relief considering his forthrightness and commitment to upholding the rule of law.

Ikanya said, the party is convinced that Justice Mohammed would utilise his wisdom and professionalism to  dispense justice in the country.

He said, "This draws  the attention of the new CJN to the Rivers judiciary crisis which has resulted in the closure of all the courts in the State based on the directive of the state’s Judicial Service Commission (SJSC) due to the dispute over the appointment of a new substantive Chief Judge for the State.

"We as a political party are saddened by this unfortunate stalemate which resulted from the attempt of immediate past Chief Justice Aloma Mukhtar and the NJC to impose Justice Daisy Okocha as the Chief Judge of Rivers State without any input from the Governor of Rivers State as enshrined in the Nigerian Constitution.

"All this is aimed at foisting an unpopular Chief Judge on Rivers State so as to clear the way for our duly elected Governor Chibuike  Amaechi to be impeached using some misguided six lawmakers in a House of 28 lawmakers.

"To the Peoples Democratic Party (PDP) and its promoters, impunity is a way of life. They have attempted it in the past and they are not relenting to ensure that Governor Amaechi is ousted from office using any undemocratic means possible to achieve this.

"In this regard, the PDP leadership has concluded a plot to cause unrest in Port Harcourt, to be aided by the police, to force our courts open by this week just to oust the Governor and impose a State of emergency in the State.

"Look at what is happening at Ekiti State House of Assembly, where seven lawmakers sat without authorisation to impeach the Speaker and his Deputy in a House of 26 members.

"Sir, it is in this regard that we are appealing to you to use your good offices as CJN to stop this impasse and act immediately and allow the Rivers State Governor recommend a properly qualified person to the office of the Chief Judge of Rivers State as enshrined in the Constitution to enable the courts to be opened for normal business in the state and save the state from the envisaged state of anarchy by PDP and its agents and most importantly to save the families relying on the courts for their livelihood from further hardship."

But governor Amaechi opined that former CJN,  Justice Aloma Mariam Mukhtar, should be blamed for the crisis rocking the state judiciary.

Amaechi spoke in Port Harcourt during a meeting between him and members of the Nigerian Bar Association over the ongoing judiciary workers’ strike in the state.

Amaechi argued that  contrary to opinions in some quarters, he was not behind the closure of courts in the state. He urged members of the NBA to prevail on the CJN to comply with the law.

The governor, however, expressed dissatisfaction over the protest against his administration by some lawyers for non-appointment of a chief judge, adding that such lawyers should have channelled their grievances to the appropriate quarters.

The governor also asked
practicing lawyers in the five branches of the NBA in the state to ask the NJC to reverse its decision on the recommendation and appointment of Justice Daisy Okocha as an administrative Judge in the State Judiciary.

The state helsman contended that the swift reversal of Justice Okocha’s recommendation and appointment by the NJC would uphold the amendment of the High Court Law by the Rivers State House of Assembly which gives powers to the Chief Registrar to act as subsisting Acting Chief Judge of the state to assign cases to
courts.

According to Amaechi, "If you are unable to find a workable solution to the Judiciary crisis, I want to suggest two things that you lawyers should do to rest the case. Firstly, you can stage a mass protest against NJC, and ask them to leave you alone.

"Secondly, you can send a delegation to the new Chief Justice of Nigeria to resolve this matter by inviting the Rivers State Government and the 5 branches of the NBA to a meeting. And the Rivers State Government is ready to be part of the meeting if the NJC is ready to act in accordance with the provisions of the law.

"This is public office with constitutionally provided statements on qualification for succession and provides no room for any person to use their membership of the exalted body to lend a hand to a relation or friend outside the clear provisions of the constitution. NJC is the body still holding the matter.

"Let the NJC retrieve its letter on the recommendation and appointment of Justice Daisy Okocha as an administrative Judge. The reason why we amended some section of the law was to allow the courts to be in session, and that can only take place where the Chief Registrar remains the subsisting Acting Chief Judge of the state to assign cases to courts, it is purely an administrative role.

"What bothers me is, where did the NJC derive its powers to appoint Justice Daisy Okocha as administrative Judge?
“The reason for which I opted to discuss with lawyers in this meeting was that I sympathize with them on what they are going through. I am particularly bothered about the young practicing lawyers that joined the NBA, not the rich lawyers who have chambers outside Port Harcourt and can always fend for themselves no matter the circumstances."