‘"Doctrine Of Necessity" Will Be Adopted To Swear In Next Rivers Governor’

Governor Chibuike Rotimi Amaechi

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.

The Guardian Nigeria report continues:

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 Ahiazu, 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 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 is 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 outgoing 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 realized 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.