|
NJC, Enugu govt disagree over appointment of CJ
By Chukwudi Achife
Bureau Chief, Enugu
All may not be well between Enugu State government and the
National Judicial Council (NJC) over the government’s plan to appoint a
new chief judge.
The contest for the top job is between two brilliant and
widely acclaimed jurists, Justices Raphael Agbo and Innocent Umezurike. Both
men have equal following among their colleagues and the workers and are both
credited with professional competence and high intellectual endowment.
The apex judiciary regulatory body was reported to have
recently voted 26-0 in favour of Justice Agbo to overturn a 3-1 verdict
returned by the state Judicial Service Commission (JSC) for his opponent.
The government and the outgoing chief judge is said to
favour Umezurike to assume the top judiciary seat when the latter vacates the
office in December.
Sources hinted that Governor Chimaroke Nnamani might not be
disposed to swearing in Agbo as the next chief judge - a situation that has
sets the stage for a confrontation between it and the NJC.
Initially, the issue between the two judges was that of
seniority, which is fundamental in legal circles. Both of them were sworn in on
the same day but going by legal tradition, Agbo who was sworn in first, ought
to have been acknowledged as the senior.
Umezurike reportedly argued that he is Agbo’s senior
by virtue of having come to the bench from the federal ministry of justice.
He refers to the legal tradition whereby lawyers or judges
appointed from the ministry of justice take precedence over their colleagues
from the private practice.
Umezurike’s critics are however quick to point out
that he was never a state attorney but only served as special assistant to
former attorney-general of the federation and minister of justice - a political
position that did not confer on him the privileged status of a member of the
official bar.
|