A legal luminary, Ebun-Olu Adegboruwa, has described the appointment of acting Rivers State Chief Judge by Nyesom Wike as illegal.

Wike made the announcement shortly after he was sworn-in on Friday.

However, in a statement obtained by DAILY POST, Adegboruwa condemned his decision.


Read full statement below-

“It is heart warming that the erstwhile Governor-elect of Rivers State, Hon Nyesom Wike, has now been sworn in to fully assume his mandate as the governor, given the needless controversy and tension that sorrounded the exercise. In the course of his inaugural speech, the governor announced the appointment of the Hon Justice Daisy Okocha, as the substantive Hon Chief Judge of Rivers State, to be sworn in on Monday, June 1.

The appointment of a state chief judge is regulated by section 271(1) of the 1999 Constitution, which stipulates that such appointment will be made by the governor, acting upon the recommendation of the National Judicial Council, subject to confirmation by the House of Assembly of the State.

I have no doubt that the Hon Justice Daisy Okocha may be eminently qualified to be elevated to the exalted office of the Hon Chief Judge of Rivers State, but such announcement, of a statutory appointment, on the podium, on the very day of inauguration, belittles the Constitution. Governor Nyesom Wike is well entitled to constitute his entire cabinet at the stadium today, during his swearing in, as the Constitution gives him very wide discretion in that regard, without any condition.


However, the office of the Hon Chief Judge of a state, is not such as to be contained in the inaugural speech of a governor, who has not even resumed in office, how much less become aware of any recommendation from the national judicial council, which is a pre-condition for the appointment. This has only gone to prove how deep rooted governor Wike was, in the whole crisis rocking the Rivers State judiciary, and indeed a painful vindication of former governor Amaechi’s allegation of external influence, in the state judiciary palaver.

Whereas we are glad with governors who are serious minded and action conscious, given the years of rot and stagnation that our nation has witnessed, such national enthusiasm, for immediate performance, should not be mistaken for a tolerance of very rash decisions, that seem to rubbish mandatory constitutional requirements.

The question to ask is this: how did Nyesom Wike, as governor-elect, get to know of the official recommendation of the national judicial council, in respect of Rivers State chief judge, as to then announce her appointment, on the very day of his inauguration. We should endeavor not to make governance seem like acting or some form of comedy of errors. And the governor then announced that the new chief judge will be sworn in on Monday June 1, when the state house of assembly has not met to confirm the inauguration appointment. This is totally uncalled for.

There is need for our leaders to be well advised and properly guided, before taking fundamental decisions affecting the body polity. In this case for instance, wise counsel dictates that the governor should have been better advised by his attorney-general, on the issue of appointment of the Hon Chief Judge, after his cabinet has been duly constituted.

Wike is a known crude politician with little or no regard for separation of powers. It's PDP style anyway.

PassingShot:
Wike is a known crude politician with little or no regard for separation of powers.

Amaechi operated as an executive governor without a legislature and a judiciary for more than a year.
Teach me how to be a hypocrite.

U see dat guy weh be first to comment D guy get maggot for brain

“It is heart warming that the erstwhile Governor-elect of Rivers State, Hon Nyesom Wike, has now been sworn in to fully assume his mandate as the governor, given the needless controversy and tension that sorrounded the exercise. In the course of his inaugural speech, the governor announced the appointment of the Hon Justice Daisy Okocha, as the substantive Hon Chief Judge of Rivers State, to be sworn in on Monday, June 1.

This is nonsense. Wike appointed Justice Daisy Okocha as the ACTING Chief Judge of Rivers state and not substantive CJ. This is inline with the constitutional provision and the FHC ruling of February 2014.

For the avoidance of doubt section 271(4) of the constitution stipulates that the Most Senior Judge in the state High Court be appointed acting Chief Judge of the state pending the appointment of substantive Chief Judge. Wike breached no law

“We had severally condemned the prolonged absence of a State Chief Judge and closure of our courts and promised that these issues will not remain unresolved beyond a day after today.
Therefore, in fulfillment of our promise to reopen our courts and restore normalcy to the State’s judiciary, I hereby, in exercise of my powers under section 271(4) of the 1999 Constitution, as amended, appoint the most senior High Court Judge in Rivers State Judiciary, the Honourable Justice Daisy Okocha as the Acting Chief Judge of Rivers State.

www.vanguardngr.com/2015/05/wike-appoints-daisy-acting-chief-judge-for-rivers/

It is shameful that a so-called "legal luminary" could not distinguish between Acting CJ and Substantive CJ.

Yes! NJC already recommended Justice Daisy to be appointed the substantive CJ. Her appointment requires the RSHA confirmation before Wike can swear her in as the substantive CJ. For now, she remains ACTING CJ and she's qualified to occupy the position being the most senior judge in rivers state high court. This is also in line with the 2014 Court judgement but Amaechi in his stubborness and impunitive attitude decided to do otherwise.

Aspireahead:
well...i thought the man was already recommended by the NJC. The HOA approval is just what is needed. i might be wrong though.
and for Jack's sake where is the link?

The battle begins

SHARIAREPORTERS:
U see dat guy weh be first to comment
D guy get maggot for brain

And you have mucus in your own brain.

PassingShot:
Wike is a known crude politician with little or no regard for separation of powers. It's PDP style anyway.

I'm so disappointed with this post of yours. Amaechi singlehandedly destroyed both the legislative and Judiciary in the state.....

well...i thought the man was already recommended by the NJC. The HOA approval is just what is needed. i might be wrong though.
and for Jack's sake where is the link?

Wike is 100% right to appoint the Acting Chief Judge of Rivers state upon the recommendation of NJC, once the new assembly is inaugurated then the ACJ will be confirmed as the state CJ.

In a bid to be seen as an action Governor, he took a decision in foolery and to think he's a barrister makes it all the more shameful.

Well I wish him and Rivers people Goodluck or Gridlock.

these Yoruba lawyers ehhehh.To think this same fol kept quiet while Amaechi grounded the river state judiciary

jorlons:
In a bid to be seen as an action Governor, he took a decision in foolery and to think he's a barrister makes it all the more shameful.

Well I wish him and Rivers people Goodluck or Gridlock.

Who is shameful between Governor Wike and the author of the article that doesn't know the difference between "Acting Chief Judge" and "Substantive Chief Judge"? For the record, Daisy Okocha wasn't appointed substantive CJ but Acting CJ...According to Wike

“We had severally condemned the prolonged absence of a State Chief Judge and closure of our courts and promised that these issues will not remain unresolved beyond a day after today.
Therefore, in fulfillment of our promise to reopen our courts and restore normalcy to the State’s judiciary, I hereby, in exercise of my powers under section 271(4) of the 1999 Constitution, as amended, appoint the most senior High Court Judge in Rivers State Judiciary, the Honourable Justice Daisy Okocha as the Acting Chief Judge of Rivers State.

Shegman22:
The question to ask is this: how did Nyesom Wike, as governor-elect, get to know of the official recommendation of the national judicial council, in respect of Rivers State chief judge, as to then announce her appointment, on the very day of his inauguration. .

This is what the writer is hinging on. How did a thug sorry Governor-elect get an official recommendation to make such appointment. It only shows his negligence for due process. And to think he is doing all this initial gra gra to be seen as ACTIVE shows how low in reasoning the thug is.

PassingShot:
Wike is a known crude politician with little or no regard for separation of powers. It's PDP style anyway.

child of hate, ekaro ooo

jorlons:
In a bid to be seen as an action Governor, he took a decision in foolery and to think he's a barrister makes it all the more shameful.

Well I wish him and Rivers people Goodluck or Gridlock.

why are you so pained with a NEW DAWN in Rivers state, live with it that Wike will always be Amaechi achilles heel

Sweetguy25:


Amaechi operated as an executive governor without a legislature and a judiciary for more than a year.
Teach me how to be a hypocrite.

Amaechi never operated without a chief judge, he only decided to play 'tit for broke when d likes of Wike were bzy trying to scheme him out of office using their recommended chief judge, which is d only option left.
Wike's appointment-a confirmation of PDP's influence of d judiciary during Amaechi's tenure.
who cares anyway, good riddance to bad rubbish