‘Doctrine of Necessity will be adopted to swear in next Rivers governor’
THE Nigeria Bar Association (NBA) has said that the ‘Doctrine of Necessity’ will be applied to swear-in the next governor of Rivers State, if Governor Chibuike Amaechi fails to appoint an acting or substantive Chief Judge by May 29 2015.
There has not been a substantive Chief Judge of Rivers State since retirement of Justice Ichechi Nwenenda Ndu, in August, 2013.
Amaechi had brushed aside the National Judicial Council (NJC)’s recommendation of Justice Daisy Okocha and gone ahead to appoint Justice Peter Agumagu, then President of the Customary Court of Appeal, who has since been suspended by the NJC.
In another development, the Rivers State Independent Electoral Commission has announced that it will conduct Local Government election on May 23, 2015.
Concerned about the looming constitutional crisis, the NBA Port Harcourt branch chairman, Dennis Okwakpam, told The Guardian that despite the numerous legal issues pending in court over the appointment of a Chief Judge, the bar remains confident that Amaechi would appoint a new Chief Okwakpam however argued that if the governor fails to appoint a Chief Judge by May 29 to swear-in the governor elect, Nyesom Wike of the Peoples Democratic Party, legal experts will resort to the doctrine of necessity to avert a constitutional crisis.
“He, Amaechi, will do what he needs to do between now and May 29. If he does not, we have all kinds of options. If we have to rely on Doctrine of Necessity, we will. But there will be a governor here in Rivers State come May 29th” he said.
He explained that a Federal High Court sitting in Port Harcourt has advised the Rivers State Government and the NBA which sued in over the closure of court premises in the State since last year, to expeditiously resolve the dispute.
Courts in Rivers State have been under lock and key following the NJC’s suspension of Justice Peter Agumagu who was sworn-in as the Chief Judge of the State in April 2014, by Amaechi.
The subsequent appointment of Justice Okocha, as an administrative judge for the state by the NJC, which was rejected by the state government, forced judiciary workers to embark on an indefinite strike.
At present, there are over 2,655 inmates awaiting trial at the Port Harcourt prisons due to the closure of the courts.
The Chairman of the Commission, Professor Augustine Ahiauzu, who disclosed after several hours of close door meeting by members of the commission in Port Harcourt, explained that election would take place in all the 20 local councils of the state, except Ogba/Egbema/Ndoni .
He explained that the Commission would be relying on the State Independent Electoral Law No.2 of 2001 as amended and State Local Government Law No.3 of 1999 as amended, to conduct the election.
According to him, all political parties in the state are eligible to sponsor candidates for the local government polls, provided that they completed and submitted an expression of interest form to participate in the election on or before April 24.
The chairman refuted claims by some groups that the commission failed to give at least 90 days notice to all the parties in the State. He explained that the law requires that the commission should give at least 21 days notice to parties.
“The Law requires us to use 21 days to conduct the election. We have more days and we are within the law. Our activities are law-based and we cannot go outside the law,” he said.
A RSIEC commissioner who pleaded anonymity disclosed to The Guardian that the council election in the state had been delayed because the commission needed to obtain an updated voters register from the Independent National Electoral Commission. She revealed that the State electoral body might use the card readers for the polls as well.
The Guardian‘s efforts to get the Commissioner for Justice, Worgu Boms’ reaction was futile as he did not respond to enquiries.
A top Peoples Democratic Party stalwart who would not want to be mentioned told The Guardian that Justice Okocha who the NJC appointed as Administrative Judge will be assigned to swear in Mr. Wike as Governor and after the State House of Assembly has been inaugurated, her name will be formally presented for confirmation as the Chief Judge.
But the Peoples Democratic Party (PDP), Rivers State chapter has described the planned conduct of the Local Government Council elections in 22 councils by the RSIEC as illegal, provocative and a waste of resources.
The PDP chairman, though his media aide, Jerry Needam said his party rejects and dissociates itself from such arrangement by the Amaechi-controlled Rivers State Electoral body (RSIEC) under Prof. Ahiazu, stating that accepting to organize such illegitimate and doubtful exercise at the 11thhour of the termination of the APC-led government in the State does not present the Chairman and his Commission as unbiased.
He said the Party believes that officials off RSIEC are abreast with the provisions of the Electoral Law and guidelines, particularly as it relates to the conduct of the Councils polls. According to him, the party wishes to bring to the attention of the commission the section that stipulates 90 days notice to the political parties before the conduct of any election.
He said the anxiety, suspicion and distrust which the rush to conduct Council polls is generating since yesterday shows that the state is not ready for another gamble by the state government.
“What the Governor ought to be doing now is9 to constitute May 29 Transition Committee and to ask for submission of handover notes from his Aides and Executive Council members as being done at the centre by President Jonathan. Our analysis of this development points to the facts that hurrying to conduct election before the end of Gov Amaechi’s tenure (about four weeks) is done simply to justify the desires of the out going Governor, including causing political crisis in the State for the incoming Governor to contend with” he said.
“We’re also aware that Governor Amaechi has concluded plans to use his rubber stamp members of the non functioning House of Assembly to amend the laws on conduct of LGA elections mid way in the State to enable him continue with the exercise having realised the legal lacuna. This is another way of destroying the fortune and democratic system, as well as perverting justice in the State by a desperate Amaechi. The PDP therefore, calls on Rivers people to ignore the announcement by the Rivers State Electoral Commission, calling for their participation in the proposed election, saying such action by Gov Amaechi is in futility, waste of time and Rivers money” He added.
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27 Comments
Amaechi thinks he can subvert the will of the people. Now the people of Rivers State have taught him a lesson.
im not surprise at your thinking upside down, after all you are an ib….
gejmustgo, am not a politician & will never aspire to be one cos I already know my call in life. But as a Rivers person & Nigerian whose conscience is still very much alive (so many Nigerians walk about with dead conscience) do you really mean that you are proud of amaechi’s character & conduct in the last 2-3 years? Is the gej hate & failure in 2015 not enough yet? why still drag it into our beloved Rivers? With all the magic votings in the north that everybody feigned ignorance in the same manner gej did just to let peace reign but amaechi wont just do that. Amaechi locked up the courts for over a year, salaries are not paid, Rivers State to the best of my knowledge has been on pause for three years now due to ameachi’s insatiable desire for federal power, people are already pissed off with his person including his new found friends & brothers in ACP (otherwise how do you explain that after his passionate, zealous & financial contribution with Rivers money to fund APC, APC could not risk giving him or any of his faithful followers any meaningful position) in NEC & the VP that was his ambition). The latest now is to conduct election five days to his handing over & you still don’t think amaechi needs to be rebuked? Amaechi is not the only sitting governor that lost his state to his opponent. Gabriel Suswan of Benue not only lost the governorship (PDP) but also the senatorial seat for which he personally contested. Yet Suswan & benue state is peaceful. The grand plan of the hausa fulani in PDP backed up by the already willing APC to take power back to the north by all means, over worked very well, leading to their individual loss in the various positions they also contested for in 2015. Niger state governor Babangida Aliyu (PDP) is still nursing his political wound just to mention but a few. The mass tsunami that swept our legislators in National Assembly was largely due to this same conspiracy & in all of these instances in the north, not one person is making trouble. So why is amaechi’s own in Rivers State different? Am sure you must have the answer considering your response to those who openly rebuke the excesses of amaechi, so pls educate me & millions of Nigeria who are sick and tired of the menace amaechi has constituted himself to be & the embarrassment he has been causing those of us who live outside the state.
point of order, Mr. correct. In the north we actually voted and no rigging was done, the Rivers way, otherwise we would have brought forth 5 million votes for GMB and 50000 for your lame duck! Kano registered above 5 million. We are a conscience-full people who believe in the sustainability of Nigeria not sharing the money, as your pdpigs are wont to doing. If you have grouse with Amaechi you are free to address him and dont involve us. No one in the north an revive pdp again. I bet you and him!
With all those almajirs and under age Kids allowed to vote? You are not even feeling any sort of shame that under age voters in the entire core Northern states were shown on International Television Networks. Or is it the procurement, delivery and distribution of PVCs, which Jega manipulated from source. Anyway, maybe you are ignorant of what transpires in the course of the election preparation. If you people in the North actually have Conscience as you claim, then you would not have allowed under age Kids to vote. You would not have unilaterally extend voting hours until late in the night.
Just like you said, your not a politician and you don’t know anything about it, when did Buhari appoint cabinet members and you did not see Ameachi’s name? Besides they don’t jus zone positions, there are things you consider, like can he win us votes from the south south nd I think u know the answer, with haters like u around he doesn’t stand a chance, so u take a guy from the west who is not unduly hated by his people so u win the votes from the south west, and where did your precious Jonathan get the money he used to run his hate campaign from? Was it not Nigerian money?
Mr., your tone of supposed love in your submission as against my supposed hate is so loud that I can barely hear otherwise. TO ANSWER YOUR QUESTION, My PRECIOUS BEST PRESIDENT OF NIGERIA (WHO GAVE US PEACE WHEN THE ENTIRE WORLD INCLUDING NIGERIANS, PREDICTED DOOM FOR US ), PGEJ GOT HIS CAMPAIGN MONEY FROM NIGERIA’S MONEY JUST AS GMB GOT THE BULK OF HIS OWN CAMPAIGN MONEY FROM RIVERS STATE TREASURY. TODAY RIVERS STATE GOVERNMENT IS OWING A YEAR SALARY. IF A MAN PAYS BACK EVIL FOR GOOD, EVIL WILL NEVER LEAVE HIS HOUSE (PROVERBS 17:13). I LEAVE YOU TO YOUR CONSCIENCE SIR. GOD BLESS YOU
I really don’t blame you, who killed Jesus Christ? His own people, a prophet is never appreciated where he comes from, why don’t u tell me why the NJC rejected Ameachi’s nomination? If u have succeeded in embarrassing ur self, don’t blame it on Ameachi
Amaechi will soon join the league of criminals that must be brought to justice in Rivers State. The man has committed so much evil against the state and its people that his activities must not be wished away with the wave of the hand.
Don’t you think you are sick? if amechi is to be tried, what happen to the muderers in wike and the shepopotamous patience badluck?
Amaechi is simply sick, I don’t blame him, he will soon realize the damages he has done not only to his political career, but to himself as future unfold. River state has been existing before Amaechi, and River state will stand to see the end of Amaechi.
shepopotamus?! Man u are funny. u chose a right name for Otuoke Madam
Bro, Amaechi was APC’s main ATM. For this reason, Buhari is going to appoint hi into something that will make him untouchable. Watch. Only in Nigeria.
Amaechi is nothing more than a foreign agent placed in the office to help with the disintegration of Nigeria.
Thank you my brother.
Thank you for showing us you are a bufoon!
Better to be a bufoon and secure rivers state, than to be like Amaechi and destroy river state and the nation. I understand that you are one of his agents, agents of darkness like you.
Amaechi is the best i don’t care what ever any body will say about him he remain the best for me pls.
Give reasons, or are you also a fool like Amaechi
He rescuscitated your primary schools to world standards, created los af access roads in PH and environs. Is that not what madam Hi[popotamus is unhappy about. He refused handling the taxation system in Rivers to crooks like Wike who make billions monthly for themselves and their Madam.
You talk like someone that has no brain, where are your evidences in all you said? where is the standard primary school? where is the road? or do you mean the abandoned roads project? I don’t blame you because you have not been to River states to see the damages Amaechi have caused to the people of the state.
A tyrant is a Tyrant imagine 2655 awaiting trial inmates due from Ameachi’s refusal for Approved NJC chief judge, lock courts against the masses, and now unwilling to transit power smoothly as Humble President is doing, what a shame of a person, trashed roundly but still unrepentant?
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GMB should be very careful of Ameachi if he want to succeed
Ameachi’s plan not to hand over power will always fail and he himself knows this that’s why he is been acting desperate
APC HAND OVER RIVERS STATE……………………..
Buhari had appointed Amaechi as a member in the Transitional Council. Looks like Amaechi will be breathing down the necks of Rivers State politicians for a long time. Or a short time, if Aso Rock do an Omehia on Wike, after May 29.
We will review and take appropriate action.