Controversies precede exit of Rivers CJ

Okafor Ofiebor/Port Harcourt

Barely two weeks after being sworn in as the substantive Chief Judge of Rivers State, Justice Daisy Okocha will be retiring from Service Friday, 15 January, 2016.

Rivers State Governor Nyesom Wike had sworn in Justice Okocha as substantive Chief Judge of Rivers State on 4 January, 2016.

However, Justice Okocha’s retirement from service 10 days after she was sworn in as the state CJ seems to be raising some dust among some lawyers in Rivers State.

Some are of the view that a Chief Judge can be sworn in a day to her retirement from service, while others are querying the justification for such exercise.

Chris Itamunola, a lawyer and Special Adviser to Governor Wike on Inter-Pilitical Party Affairs said there is nothing wrong in law for a CJ to be sworn in even if she retires the next day.

However, Ezemuonye Ezekiel Amadi sees abnormalities in such an exercise a few days to bowing out of the service.

He dragged Governor Wike, National Judicial Council, NJC, to the Supreme Court over Justice Okocha’s swearing in as substantive Chief Judge when his case challenging her appointment by NJC as CJ was pending in the Court of Appeal.

There also some who are of the view that the retirement of Justice Okocha may leave a lacuna in Rivers State since the Rivers State House of Assembly cannot perform any legislative duty to screen and confirm any Acting Chief Judge because after Election petition cases sacked most of the Rivers lawmakers, the remaining lawmakers whose mandates were not nullified can no longer form a quorum. Besides, they had adjourned sitting until March.

Others are of the View that Governor Wike has the powers to appoint the most Senior Judge as an Acting Chief Judge pending the confirmation if NJC and the House of Assembly.

A former Chairman of Ahoada Branch of Nigerian Bar Association, NBA,Tuduru Ede, said the eight months tenure of the retiring CJ was a “disaster” to lawyers in Rivers State.

He accused the CJ of not taking the welfare of lawyers as priority.

“During her tenure, it is well known fact to lawyers that she never assigned cases and lawyers suffered under her”.

Also, Angus Chukwuka, the Public Relations Officer for the Port Harcourt Branch of the Nigerian Bar Association, NBA, agreed that the retiring CJ did not do well in the area of lawyers’ welfare and assignment of cases to judges for adjudication.

Justice Okocha was appointed as an Acting Chief Judge of Rivers State on 29 May, 2015, during the inauguration of Governor Wike as Governor of the state.

Justice Okocha who was born on 15 January, 1951, coincidentally will be retiring on her birthday 15 January.

On 23 December, 2015, the Port Harcourt division of the Court of Appeal sitting in Moscow Road cleared all legal impediments to her confirmation as substantive Chief Judge.

Justice Lambo Akanbi (now retired) of the Federal High Court, Port Harcourt, had ruled against her appointment as the Chief Judge by National Judicial Council, NJC, without the consent of the administration of former Governor Chibuike Amaechi.