Petition to the Chief Justice of Nigeria
6th March, 2020 His Lordship, The Chief Justice of Nigeria & Chairman, National Judicial Council, Abuja.
Your Lordship,
Re: Appointment of the Chief Judge of Cross River State
1. We write to draw your attention to the recent unjust happenings regarding the appointment of a new Chief Judge of Cross River State, and to seek the National Judicial Council (NJC)’s intervention, to ensure that justice is restored.
2. On Monday, 2nd March, 2020, the Cross River State House of Assembly in a voice vote rejected the confirmation of Justice Akon Ikpeme as substantive Chief Judge of Cross River State, on the grounds that she is from Akwa Ibom State, and represents a security risk to Cross River State. On Tuesday, 3rd
March, 2020, Governor Ben Ayade swore in a new acting Chief Judge of Cross River State - Justice Maurice Eneji.
3. We have followed with deep concern, the needless and destructive politics which has engulfed the appointment of a new Chief Judge for Cross River State. Our intervention here is borne out of a need to avoid a most dangerous precedent being set, not just in Cross River State, but such as could be replicated by unscrupulous politicians across the nation.
4. While the State House of Assembly is vested with the power to confirm a nominee for appointment as Chief Judge, we believe such power must be exercised responsibly, and on legally sound considerations. The legislature cannot reject a nominee, whimsically. Justice Akon Ikpeme has served in the Cross River State Government, for about 40 years. It is unconstitutional to declare her a non-indigene where she has lived and worked, for almost her entire life. There is also no evidence that she represents a security risk, to the State. The State House of Assembly, in our view, has therefore, acted unjustly in rejecting her confirmation.
5. We join the Nigerian Bar Association (NBA) and the International Federation of Female Lawyers (FIDA), to condemn the actions of the Cross River State House of Assembly in rejecting the confirmation of Justice Akon Ikpeme as the substantive Chief Judge of Cross River State, to condemn the action of the Governor of Cross River State in swearing in another acting Chief Judge of Cross River State, and to condemn the actions of Justice Maurice Eneji in accepting to be sworn in as the Acting Chief Judge of Cross River State, and we call on the NJC to intervene, to ensure that justice is served and the Constitution of the Federal Republic of Nigeria, is upheld.
6. We note that the actions of Governor Ben Ayade, the Cross River State House of Assembly, and Justice Maurice Eneji, if allowed to persist, will not only open the orderly succession in the Judiciary to fierce political battles, but will also have serious socio-cultural consequences in the status of women who marry outside their States of birth. The destruction in our social fabric across the nation, should the charade in Cross River State be allowed, will constitute a threat to National unity.
7. We implore the National Judicial Council to weigh in on this matter, and ensure the actors in this ugly scheme are made to retract their illegal deeds to save our social fabric. Justice Maurice Eneji should be seriously reprimanded, for allowing himself to be used to disrupt the orderly succession to the office of the Chief Judge.
8. Please, accept our highest regards Your Lordship. Kindly, convey our best wishes to the entire Council.