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The National Judicial Council (NJC) has challenged the jurisdiction of the Federal High Court in Abuja to entertain the suit brought by the suspended Chief Judge of Rivers State, Justice P.N.C Agumagu, seeking a judicial review of his suspension. The NJC had announced on March 27 that it would not recognise Justice Agumagu as the Chief Judge of the state and had also suspended him from office.
Not satisfied, Agumagu, through his counsel, Chief Akinlolu Olujinmi (SAN), approached the court to challenge the action.
The applicant had joined Justices Babatunde Adejumo, Jubril Idris and Comwell Idahosa as second to fourth respondents respectively.
Yesterday, NJC’ counsel, Chief Wole Olanipekun (SAN), in a preliminary objection urged the court to strike out the entire suit filed by the applicant.
He hinged his application on the grounds that the court had no jurisdiction to adjudicate on the application.
Other respondents in the matter also raised objections on similar grounds.
When the matter came up yesterday, counsel to Agumagu prayed the court to hear both the preliminary objection of the respondents and the substantive suit together.
However, all the respondents’ counsel objected, stating that the court should first determine whether it had the jurisdiction to hear the matter or not.
After listening to the arguments of all the parties, the trial judge, Justice Adeniyi Ademola, adjourned the matter to May 26 to determine which of the application to hear first.
Agumagu is challenging NJC’s decision to suspend him and praying the court to restrain the members of an investigation panel set up to investigate the allegations against him from taking any further steps in respect of his case until the determination of the suit he filed.
He also asked the court for “an order of certiorari, removing to this court for the purpose of being quashed, the query and letter of suspension from office of the applicant as a judicial officer, Ref. No. NJC/S.32/RV.CCA/1/1/36 dated March 26, and written by the first respondent to the applicant.”
He sought “an order of certiorari, removing to this court for the purpose of being quashed, the minutes of the decisions reached by the 1st respondent at its emergency meeting of March 26, 2014, concerning the applicant.”
However, in their preliminary objection, the respondents told the court the NJC did not at any time appoint the second to fourth respondents joined in the suit to investigate the applicant.
They further submitted that third and fourth respondents were not members of NJC adding that members of any panel constituted to investigate any judicial officer were always drawn from the statutory members of the council.
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