The suspended Chief Judge of Rivers State, Justice Peter Agumagu, has sued the National Judicial Council, NJC, and three others over his suspension and the threat to sack him.
In a suit with registration no. FHC/ABJ/CS/253/2014 which he filed before the Federal High Court in Abuja, the suspended judge is challenging NJC’s decision to suspend him.
He is also 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.
Joined in the suit are Justices Babatunde Adejumo, Jubril Idris and Comwell Idahosa, chairman and members of the panel set up by the NJC to investigate allegations against the applicant.
Agumagu is asking the court for the following;
“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 1st respondent to the applicant.”
“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.”
Justice Adeniyi Ademola, before whom the case is pending, on Monday heard an ex-parte application by the applicant and granted him leave to serve processes on the respondents.
He adjourned to April 10 for hearing.
The NJC announced on March 27 that it would not recognise Justice Agumagu as the Chief Judge of Rivers State.
The council said it would not deal with him in that capacity and also elected to suspend him as a judge.
It equally issued Justice Agumagu a query, directing him to explain in writing within four days why he should not be removed from office as a judge for his alleged failure to abide by his oath of office to uphold the constitution and laws of the country.