Former President of the Nigerian Bar Association
(NBA) and a Senior Advocate of Nigeria (SAN) OCJ
Okocha has expressed concern over the absence
of a Chief Judge who will swear in Rivers State
Governor-elect Nyesom Wike.
Okocha said the constitution empowers only the
Chief Judge of a State, the President of a
Customary Court of Appeal and a Grand Khadi of
a Sharia Court of Appeal to administer oath of
office on a governor-elect before he can legally
perform the functions of a governor.
Okocha, who spoke yesterday on a radio
interview monitored in Port Harcourt, said Rivers
State may be in for a constitutional crisis on May
29 if Governor Rotimi Amaechi does not appoint
an acting Chief Judge.
He said: “Any of these three can administer the
oath. For us, it is usual that it is the Chief Judge of
Rivers State. We don’t have a Chief Judge, neither
do we have an acting Chief Judge. We also do not
have a President of the Customary Court of
Appeal.
“If these things remain as they are now, there
may be constitutional crisis. Right now that office
is vacant so is the office of President of the
Customary Court of Appeal of Rivers State and
we are facing this looming, as you say,
constitutional crisis.
“Well, I hope and believe that reason will prevail
and the governor will see it fit to do what is
needful to ensure he appoints the appropriate
person as stipulated in the constitution as acting
Chief Judge so that at least, we can have our new
governor sworn-in by the acting Chief Judge so
appointed,” Okocha said.
Justice Lambo Akanbi of the Federal High Court,
Port Harcourt last year ruled that the National
Judicial Council (NJC) cannot force the governor to
accept whoever it recommends to him for
appointment as Chief Judge.
Justice Akanbi also said that the decision of the
NJC to prefer Justice Daisy Okocha and disqualify
Justice Peter Agumagu was wrong, null and void.
Dissatisfied with this decision, Justice Okocha
approached the Court of Appeal to set aside the
decision and till now, the matter is still undecided.
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