A Federal High Court sitting in Port Harcourt has invalidated the appointment of Justice Peter N.C. Agumagu as Rivers State acting chief judge.
The court also instructed the state governor to conform to the provisions of the constitution in the appointment of an acting chief judge.
A group known as Kengena Unity Forum had challenged Governor Rotimi Amaechi’s selection of Agumagu as an acting chief judge of the state.
The state governor swore-in Agumagu, the then president of the Customary Court of Appeal in the state, as the head of the judiciary in the state.
Delivering judgment on the matter yesterday, the presiding judge, Justice Lambo Akanbi said the 1999 Constitution was clear on who should be appointed acting chief judge of a state.
Justice Akanbi added that the constitution was explicit that the most senior judge in the state High Court should be selected to occupy the position whenever it was vacant.
He pointed out that he would not agree to the prayers of the plaintiff that an order be given for Justice Daisy Okocha to take charge as the acting chief judge of the state.
According to him, doing otherwise would amount to usurping the powers of the governor and the National Judicial Commission, NJC, to pick a judge for the said position.
He said, “The issue as to who qualifies to be appointed as acting Chief Judge of the state has generated a lot of needless controversies. The provision of section 271, sub-section 4 of the constitution is very clear, explicit and without ambiguity.”
