I got a call from one of our numerous fans, Hello Cremelawyer please i need you to educate me and if possible post this on your blog then i said what is it Sir, he asked who will swear Nyesom Wike in come May 29,2015. I was not expecting the question because i have forgotten that the courts in Rivers State have been shot for several months now and the state does not have a Chief Judge neither do they have an acting Chief Judge.
This has been so following the crisis between the executive and the National Judicial Council where the NJC recommended and preferred Justice Daisy Okocha to Justice Peter Agumagu who happens to be the choice of the Executive arm (Governor), this has been ruled against by Justice Akanbi that the decision of the NJC to prefer Justice Daisy to Justice peter was null and void.
Nyesom Wike is the Governor-elect of Rivers state , he contested under the platform of the Peoples Democratic Party in the April 11, gubernatorial election and won the election.
The Constitution of the Federal Republic of Nigeria empowers only the Chief Judge of the State, President of the Customary Court of Appeal to administer oath of office to a democratically elected governor of states in Nigeria unless this is done he cannot perform the function of the governor.The state does not have a sitting Chief Judge nor President of the Customary Appeal court.
Conclusively, following the present situation of the state in this regards, the only option available is for the sitting governor to appoint a Chief Judge or an acting Chief Judge of the state which is done through recommendation by the National Judicial Commission and subject to the approval of the State Governor or have constitutional crisis in the state as the Constitution is silent on whether the state Governor can be sworn in by any judge in the state as oppose to the Chief Judge.
Thank you.
Oyenike Alliyu-Adebiyi LLB (hons) BL
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