The issue of who becomes the Chief Judge of the Rivers State Judiciary is yet to be settled as Justice Daisy Okocha, a key actor in the controversy, has filed a suit in a Federal High Court in Port Harcourt praying the court to stop Governor Rotimi Amaechi, the National Judicial Council and three others from appointing any other person as a substantive chief judge of the state.
Justice Okocha, in the suit code FHC/PHC/CS/03/2015 is asking the court to declare that Amaechi lacked the powers to appoint a chief judge for the state without NJC’s recommendation.
Justice Okocha also urged the court to declare that the NJC who is the first defendant in the suit could only grant the recommendations of the Rivers State Judicial Service Commission that was properly constituted in line with the procedures stipulated in the 1999 Constitution.
Justice Okocha claimed that a properly constituted Rivers State Judicial Service Commission must have the chief judge of the state or an acting chief judge of the state as its chairman.
She also prayed the court to declare that the State Attorney General and the State High Court Chief Registrar, who are the fifth and sixth defendants respectively, have no constitutional powers to assume the office and functions of a chief judge in acting capacity.
Justice Okocha also urged the court to declare that the state governor was under obligation to affirm that she, being the most senior judge in the High Court, should perform the functions of a state chief judge in an acting capacity in the absence of a chief judge in the state.
In the suit, Justice Okocha stated, “A declaration that the plaintiff being the most senior judge in the hierarchy of the judges of the High Court of Rivers State is the person eligible and entitled to be appointed to perform, for the time being, the functions and exercise the powers of the office of Chief Judge of Rivers State.
“A declaration to restrain governor of the state who is the 3rd defendant from appointing another person other than herself as the Acting Chief Judge of Rivers State.
“A declaration to restrain the 1st to 6th defendants or their servants, agents or privies from selecting, nominating, recommending or howsoever putting forward any person for appointment as Chief Judge of Rivers State based on the advice of the 2nd defendant as presently constituted or based on the advice of the Rivers State Judicial Service Commission except under the headship of the acting chief judge as chairman who must be the most senior judge of the High court of Rivers state pending the determination of the suit.”
She also pleaded with the court to restrain the 2nd to 6th defendants from stopping her to discharge her duties as the most senior judge of the State High Court.
The matter has been fixed for hearing on March 9, 2015.
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