The three arms of government in Cross River State are heading for a clash over the rejection of the nomination of Justice Akon Ikpeme as the Chief Judge of the State for not being an indigene of the state.
Justice Ikpeme, who is the most senior Judge in the state since the former Chief Judge, Justice Micheal Edem retired last November, had her fate sealed on March 2, when the committee of the whole house arrived at a decision by voice vote, after it rejected two contradicting reports – one recommending her confirmation while the other rejected her nomination because the Justice is not an indigene of Cross River State, fearing conflict of interest and recommended that the next most senior Judge be appointed – by the members of the Judiciary Committee.
Condemning the presentation to two reports to the house by the divided Justice Committee, Daily Post quoted Itam Abang from Boki State Constituency, as saying that “never in the history of the house have we had two reports. It’s very sad that in the 21st century, we are whipping up ethnic sentiments.”
“It’s wrong to whip up ethnic sentiment because we have children and don’t know where they will be married to. She gave the state her productive years and rejecting her on account of her origin is injustice of the highest order,” she said.
Last week, two honourables accused the speaker of the Cross River House Assembly, Jonas Williams Eteng, of delaying the confirmation of Justice Ikpeme, whose acting capacity would expire on March 2. Governor Ben Ayade had written to the house on December 9, requesting for her confirmation, Daily Trust reported.
Efa Esua, Chairman of the House Committee on Judiciary, was quoted by Daily Trust as saying that “the tenure of the acting CJ will expire in matter of days. The NJC had approved that the most senior judge in the state be appointed, but the Governor and the Speaker have been dragging their feet because they seem to favour a man, one Justice Eneji, who is from their senatorial district as the CJ.”
The speaker denied the allegation, saying that the house could not deliberate on a matter not before it.
Checks by the West African Pilot News reveal that state of origin is not a reason to deny confirmation as Chief Judge, according to the Nigerian constitution.
Chapter seven of Nigeria’s constitution gives the Governor of a state the power to appoint the Chief Judge following the recommendation of the National Judicial Council (NJC) and a confirmation by the House of Assembly. If the Office of the Chief Judge is vacant, Section 271 (4) empowers the Governor to appoint the most senior Judge of the High Court.
However, the constitution adds in section 271 (5) that “except the NJC recommends contrary, the appointment the Governor made to fill the vacant office of the Chief Judge expires after three months and “the Governor shall not re-appoint a person whose appointment has lapsed.
This means that Justice Ikpeme cannot be reappointed and the Governor would have to appoint the most senior judge after Mrs. Ikpeme. She lost a work promotion because of state of origin concern by lawmakers.
Some Nigerians have called for the abolition of state of origin and replacement by state of residence. Last year, an online poll by Dr. Joe Abah, showed that 81 percent of Nigerians want the abolition. Senator Dino Melaye had said that he submitted a bill for the abolition of state of origin in the country. Nothing has been heard of the bill since 2016.
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