Mohammed Adoke, attorney-general of the federation and minister of justice, has directed the chief judge of Bayelsa state to swear in Nyesom Wike as governor of Rivers state, on May 29, owing to the existing vacuum in the office of the chief judge in the state.
Adoke stated that the directive was needful in averting a constitutional crisis in the state, and called on the people of the state to note that his decision was in accordance with the constitution of the country.
“It will be recalled that Chief Barr. Nyelson Ezenwo Wike (CON) was declared the Governor-Elect of Rivers State following the Gubernatorial and Houses of Assembly Elections conducted by the Independent National Electoral Commission (INEC) on 11th April 2015,” Adoke said.
“It is therefore expected that he will be sworn into Office on 29th May 2015 in accordance with the provisions of section 185(1) of the Constitution of the Federal Republic of Nigeria, 1999.
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“It is however pertinent to draw public attention to 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, Rivers State, which has made strict compliance with the requirements of Section 185(1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999, virtually impossible.
“In order to avert a likely constitutional crisis in Rivers State on 29th May 2015 when the Governor-Elect is expected to be sworn as Governor of Rivers State, I have requested the Chief Judge of Bayelsa State to administer the Oath of Allegiance and Oath of Office on the
Governor-Elect of Rivers State in accordance with Section 185(2) of the Constitution of the Federal Republic of Nigeria, 1999, which provides as follows:
“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.”
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Adoke then added: “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 29th of May 2015 is in accordance with the Constitution and should therefore be respected by all and sundry.”
The vacuum in the office of the chief judge of Rivers state was created after the retirement of (Justice) Iche Ndu in August 2013. Since Rotimi Amaechi, the Rivers state governor, and the National Judicial Council have been involved in a tussle over the choice of the next chief judge of the state.
2 comments
CJs report to the CJN as the head of the Judiciary. There is no where in the constitution where the Attorney General is empowered to assign responsibilities to Judges. The Attorney General a political appointee should have approached the CJN to make a selection of the Judge to stand in for the Rivers State CJ. Under the separation of powers, it is the CJN that should be interpreting the Constitution and acting on same.
They are yet to inform us of the constitutionality or legality of this directive.