barcanista:
You see how dumb you sound? Is there any agCJ of rivers state at present? Did anybody say the Governor doesn't have power to appoint agCJ? You just jump into a subject without comprehending the matters at hand. Anyway, you arr an angry old dude that I shouldn't be responding to.

Spare me your thrash!!!

freshdude99:

Do u even know what"impunity" means before using the word?
What impunity is greater than locking an entire judiciary arm of state down for more than a year?
Bro play APC politics with ur brain not ur Asshole as u have shown Nlanders

barcanista:
hahaahahhahahahah... But wait o, since Amaechi become Governor him polarise Nigeria Governor Forum, him factionalise Rivers State House of Assembly, him factionalise Rivers State Judiciary (the first in history of Nigeria) and him no fit point any single project wey in do for him second term. Remember say Amaechi been talk say him de save N1b every month to keep for him successor? That means Wike should be expecting a minimum of N96 billion as State savings.

manuroq:
Is it that the office of the chief judge is vacant?

okpurukata:


My brother. He managed to save N56bn and withdrew all during the Buhari campaign. I am a a Banker, I know.

Jorussia:
.d chief judge of bayelsa state coming to administer oath of office in Rivers state?legal experts in d house is dis move constitutional?

Goddex:
[size=13pt]Our so-called Human Rights Femi Falana only talks when it concerns APC.

For nearly 2yrs, Amaechi shut an entire judicial arm of government under lock and key. Our APC Falana have suddenly developed sealed lips, deaf ears and blind eyes to these evil perpetrated by Amaechi.[/size]

Wildrage:


You people are quite funny, what other options are there to avoid a constitutional crisis? The framers of the constitution never anticipated a situation like this, where a tout, with no sense of proportion , reckless to a point of insanity , would preside as the executive governor of a state. What the AGF is proposing is akin to the doctrine of necessity, we can't allow a vacuum and create anarchy cos of a constitutional lacuna

barcanista:
I don't even understand your point of argument. Firstly, the CJN can swear-in PCA and other Federal Justices and judges but not another CJN. There can be no two CJN at the same time, it is only the President or whoever he delegates that performs the ceremony. However, no law specifically forbade then outgoing CJN Kutigi from Swearing-in incoming Katsina-alu and considering the necessity as the President Yaradua was in comatose and there must be no vacancy. In fact, NBA and Constitutional lawyers kicked against the action but it stood.

A§ for the AGF, he is acting on behalf of the President and Commander-in-chief and not of his own. Like i pointed out earlier
The FG is ABSOLUTELY on track for two reasons...
1. Section 185(2) did not specify that only state governor or any arm of the state government should exercise such power. In fact, it was ambigious as to the appointing authority.

2. The issue of "Doctrine of Necessity" has come in. Let me remind you that in 2010, an outgoing CJN swore in his successor which was against the law. But he had to do that because the then President Yaradua was in comatose and the VP was yet to be empowered as AgPresident. The decision of the outgoing CJN stood.
Same 2010, the NASS went out of their way to empower then VP Goodluck Jonathan to function as AgPresident without transmission of letter from the incumbent President Yaradua as specified in the constitution. The decision of NASS stood and GEJ appointed agPresident. (That section was later amended).

You have to admit(whether you agree or not) that the inauguration ceremony is an exercise to fulfil thÉ books. Wike already has Þhe mandate, no Court can upturn the action.

I can't be arguing back and forth! I'm done with this

iretiland:
It is only in Nigeria that this Mohammed Adoke can be an ordinary lawyer, let alone a senior lawyer. Adoke is as corrupt as they come with all the mis-interpretations he has given to Nigeria's constitution. There was the perception that Aondoakaa was bad and corrupt during late President Yar' Adua's time, but he is no match for this Adoke.
How come the so-called "noble profession" have so many dishonourable men in their senior rank ?

With a good primary school education and zero knowledge of law, one will know that Adoke's directive to CJ of Bayelsa state is null and void in a federal system of government. The NBA should try rederming it's image by leting the likes of Adoke, Aondoakas, etc form their own rogue legal assiciation.

barcanista:
Madam Banker, so Amaechi don play us yahoo? How can he empty the treasury just like that?

barcanista:
what is happening in this Rivers case is a special one. The Attorney General did not import any judge to serve as CJ in Rivers state, he only exercised the power as conferred on him by Section 185(2). For the record, the said Section did NOT specify that the Governor or an Administrator should be the only person to make the appointment in case like this. It never forbids the FG from exercising such powers, neither did it specify that only members of the State Judiciary should be appointed for such purpose.

The FG is ABSOLUTELY on track for two reasons...
1. Section 185(2) did not specify that only state governor or any arm of the state government should exercise such power. In fact, it was ambigious as to the appointing authority.

2. The issue of "Doctrine of Necessity" has come in. Let me remind you that in 2010, an outgoing CJN swore in his successor which was against the law. But he had to do that because the then President Yaradua was in comatose and the VP was yet to be empowered as AgPresident. The decision of the outgoing CJN stood.
Same 2010, the NASS went out of their way to empower then VP Goodluck Jonathan to function as AgPresident without transmission of letter from the incumbent President Yaradua as specified in the constitution. The decision of NASS stood and GEJ appointed agPresident. (That section was later amended)

The point is you can't leave room for a vacuum. That will cause constitutional crises.

OwerriChairman:
. Are you advocating for the governor or the state legislator to appoint the chief judge? Can't your stupid head tell you that every judge in Rivers state is on strike. Assuming it goes in your mischievious way, what would you rather have happen on May 29? No swearing-in abi? Electric fool like you.

Jorussia:
.d chief judge of bayelsa state coming to administer oath of office in Rivers state?legal experts in d house is dis move constitutional?

Tankotanko:



My Dear you have variously laboured to assist these guys. But believe it or not, they will never accept or believe it, as they have decided not to. Kindly rest your nerves, We saw it coming as the Constitution is very clear. Common sense can never be common to a biased mind, period.

aare07:
Dakuku would be governor of Rivers State
Come re-election

Goddex:


Dreamer

Ezenwammadu:
Wike We Know Wike ls Loved.lf amaechi thinks that locking down the courts for almost two years or buying a court injunction will stop Wike from doing his four years then he never chim chong chim

tete7000:


But what happens when the tenure of the governor has lapsed and he is no longer constitutionally empowered to make such appointment? Does that mean the governor's office should remain vacant from May 29 at the expiration of Amaechi's tenure or can Amaechi act and make appointment beyond his tenure in office? I want to believe this provision comes into force only on May 29 to avoid creating a vacuum in the office of the state governor. There are many things our constitution never envisaged and this is one of them. It was never envisage the governor of a state will deliberately act to prevent the swearing in of his successor. In line with doctrine of necessity maybe the fg has acted right. If there is disagreement, reprieve can be sought in court but I won't be surprised if the court upholds the decision of this peculiar case and make it a precedence for such future occurence. My opinion though and I no be lawyer o!

TRUTHTOPOWER:


Doctrine of necessity is not exercised in vacuo. you must have standing. no necessity can make an igwe appoint a Gov for a state. necessity arises when you are hindered by some technicality. even at that a process must be followed. there is even method to madness in law. you cannot assume powers that does not implicitly belong to you. that is why coupists suspend constitution. you must abolish a known order before you can introduce a new one. the president only channel is a state of emergency. he must state that as a fact whether rightly or wrongly. but he cannot leave a Gov in place and usurp his powers. the CJ himself must wait for a federal gazette in the case of emergency.

PDP cold have gone to court and seek a relief that will enable a judge within jurisdiction to act. a that way the court will be exercising inherent powers.AGF has no such powers. if Wike victory is debateable, his recourse to bayelsa is a textbook example of ultra vires,null and void act

emekaxy:
     


Mr. Nyesom Wike


The Federal Government has requested the Chief Judge of Bayelsa State to administer the Oath of Allegiance and Oath of Office on the Rivers State Governor-elect, Chief Nyesom Wike, on May 29, 2015.

The request was contained in a press statement personally signed and made available to journalists in Abuja by the Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Adoke (SAN).


Adoke said the request became necessary because of the existing vacuum in the Office of the Chief Judge of Rivers State as well as the Office of the President of the Customary Court of Appeal of the state.

He said the vacuum had made strict compliance with requirements of Section 185(1) and (2) of the 1999 Constitution under which Wike should be sworn in virtually impossible.

The minister said in order to avert a likely constitutional crisis in the state on May 29 when Wike was expected to be sworn in as governor, he had requested the Bayelsa CJ to carry out the exercise in accordance with Section 185 (2) of the Constitution.

He said the section provides that “the Oath of Allegiance and the Oath of Office shall be administered by the Chief Judge of the state or Grand Khadi of the Sharia Court of Appeal of the state, if any, or President of the Customary Court of Appeal of the state, if any, or the person for the time being respectively appointed to exercise the functions of any of those offices in any state.”

“The general public, particularly the government and people of Rivers State, are hereby invited to take note of this development and appreciate the fact that the invitation extended to the Chief Judge of Bayelsa State to administer the Oath of Allegiance and Oath of Office on the Governor-elect of Rivers State on May 29, 2015 is in accordance with the Constitution and should therefore be respected by all and sundry,” Adoke added.

Source:

http://www.punchng.com/news/fg-asks-bayelsa-cj-to-swear-in-wike-on-may-29/#disqus_thread

tete7000:

Hmm! So in essence we are in for another long legal tussle?

TRUTHTOPOWER:


I hope not. It is not in the interest of the masses to be without a defacto gotv at least. But it appears to me that PDP consistently fail to evaluate all options because of a default option force. By may 29, that option will cease to function. Then they will look inward and begin to take fool proof measures in addressing future challenges. Nigeria needs them to challenge APC. But not in this mode that their options depend on the force to work.

wirinet:


But, why do you have selective anmesia? Do you not remember the greatest impunity of all - 5 being greater than 24? Amaechi locked down the Judiciary because the 5 (greater than 25) with oders from mama peace are intent on impeaching the governor, but they cannot do it without imposing their own Chief Judge on Rivers. The NJC wanted to take the role of Appointing the chief Judge instead of recommending and allowing the Governor to choose (with approval from the state assembly)

tete7000:

Hmm! So in essence we are in for another long legal tussle?

tete7000:


Many of these happen because their is mutual distrust between the political parties I guess. Any other option as far as PDP is concerned will resort to working with a house largely dominate by APC members. They probably think that doing so might deny Wike his mandate as the majority might work to scuttle his being sworn in until Buhari's govt comes in