The other day a friend of mine from Bayelsa State confronted me with a legal conundrum, when he called me on phone with a knotty question concerning what will happen in Rivers State on the 29th May 2015. He said that the issue has been agitating his mind ever as 29th May 2015 looms large.
According to my friend, since there is no Chief Judge of the State; no President of the Customary Court of Appeal of the State in Rivers State on the 29th May 2015 to administer oath of office and oath of allegiance on Governor Elect, Nyesom Wike what will happen on that day.
My friend in a nutshell was simply envisioning the constitutional crisis that will likely ensue on the 29th May 2015 in Rivers State when the constitutional tenure of the present Governor, Rotimi Amaechi expires; and the Governor elect, Nyesom Wike is expected to take the oath of office and oath of allegiance consequently to step into office as the Governor of the State.
It is worthy to mention that there has been crisis in the Rivers State concerning the appointment of the Chief Judge of Rivers State for the past two years. The issue is now the subject matter of litigations pending in the Court of Appeal.
As a result of the crisis the judiciary in the State has been in a State of limbo. The High Court in the State has not sat for the past two years.
There is no Chief Judge of Rivers State presently. There is also no President of the Rives State Customary Court of Appeal for the time being in the State.
For the past two years the High Court and indeed the judicial branch of government in Rivers State has been engulfed and paralysed by this crisis. The crisis is essentially between Governor Amaechi and the National Judicial Council over who has the power to appoint the Chief Judge of the State.
I will not want to digress to whom has the power of appointment of the Chief Judge in this write up.
I will concern myself with the question: What will be the consequent of the failure of the Governor elect; Nyesom Wike to take the oath of office on the 29th May 2015 because of the fact that there is no Chief Judge of Rivers State to administer the Oath of Office and Oath of Allegiance on him.
The administration of the Oath of Office and Oath of Allegiance on a Governor Elect is a constitutional precedent and therefore mandatory for the Governor Elect to begin to function and exercise his power as the Governor of Rivers State of Nigeria.
Section 185 subsection 1 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provide thus:
“A person elected to the office of the Governor of a State shall not begin to perform the functions of that until he has declared his assets and liabilities as prescribed in the Constitution and has subsequently taken and subscribed the Oath of Allegiance and oath of office prescribed in the Seventh Schedule to this Constitution”.
I make bold to submit that the requirement that a Governor elect must take the Oath of Office and Oath of allegiance before is one of great constitutional importance that cannot be waiver off. The law is settled that a constitutional requirement or provision cannot be simply brushed aside or waive off or even acquiesced to by anybody or authority.
Who is therefore to administer the Oath of Office and Oath of Allegiance on Governor Elect of Rivers State, Nyesom Wike on the 29th May 2015; in the absence of the Chief Judge or Grand Kadi or President of the Customary Court of Appeal of the Rivers State of Nigeria?
There is no Grand Kadi of Rivers State because the State has no Sharia Court of Appeal.
However, there is no President of the Rivers State Customary Court of Appeal presently because none has been appointed ever since the last occupant was appointed by Governor Amaechi as the Chief Judge of the State.
When the crisis has embroiled the Rivers State judiciary was raging, Governor Amaechi proceeded to appoint the President of the Customary Court of Appeal of the State Chief Judge of Rivers State.
But the appointment was vehemently opposed by the National Judicial Council to the extent that it instructed the President of the Customary Court of Appeal pf the State appointed by Governor Amaechi not to assume office as the Chief Judge of the State.
When the President of the Customary Court of Appeal of Rivers State (appointed Chief Judge by Governor Amaechi) failed to heed the directive of the National Judicial Council, the Council imposed a suspension on him.
He subsequently challenged his suspension by the National Judicial Council in Court and the matter is still pending in Court till this moment.
Section 185 (2) of the Constitution stipulates as follows thus:
“The Oath of Allegiance and the oath of office shall be administered by the Chief Judge of the State or Grand Kadi of the Sharia Court of Appeal of the State, if any or President of the Customary Court of Appeal of the State, if any, or the person for the time being respectively appointed to exercise the functions of any of those offices in any State”
The framers of the Constitution in the second limb of Section 185 (2) has contemplated the possibility of the absence of a Chief Judge of the State or Grand Kadi of the Sharia Court of Appeal of the State or President of the Customary Court of Appeal of the State to exercise the functions of any of those in an State can administered the oath of office and oath of allegiance on the Governor elect.
I know that there is no person for the time being appointed to exercise the functions of the Chief Judge or President of the Customary Court of Appeal In Rivers State.
So surely come 29th May 2015 there would be a serious constitutional impasse on who will administer the oath of office and oath of allegiance on Governor elect, Wike.
If Governor Elect, Wike fails to take the oath of office and oath of allegiance certainly he cannot be begin to perform the function of the Office of the Governor of Rivers State of Nigeria.
I therefore envision a constitutional crisis in Rivers State except between now and 29th May 2015 if Chief Judge or President of the Customary Court of the State is appointed or a person appointed for the time being to exercise the functions of any of those offices is not immediately appointed.
The fact that the issue of the appointment of a Chief Judge is now entangled in a legal tussle in Court between the protagonists make it resolution a herculean task before the 29th May 2015.
So who will the person to exercise the functions of a Governor in Rivers State in the event the Governor Elect, Wike fails to take the oath of office and oath of allegiance on the 29th May 2015.
By midnight of 28th May 2015, Governor Amaechi has ceased to be Governor of Rivers State of Nigeria.
Would the Speaker of the Rivers State House of Assembly become the Governor?
It is also pertinent to mention that the Rivers State House of Assembly is due for dissolution by the Governor of Rivers State on the four anniversary of its promulgation.
Assuming the Speaker of the Rivers State House of Assembly become the Acting Governor of Rivers State on the 29th May 2015 because Governor Elect, Wike is not sworn into office on the ground that there was no Chief Judge of the State or the President of the Customary Court of Appeal of the State or any person for the time being appointed to exercise the functions of those offices to administer oath of office and oath of allegiance on him on that day.
And assuming the Acting Governor ceases to be Speaker after the Rivers State House of Assembly becomes dissolved in the first week of June 2015; what will be the position?

OKOI OBONO-OBLA