The International Federation of Women Lawyers, FIDA, Nigeria, has faulted Governor Ben Ayade of Cross River State and the state House of Assembly on the non-confirmation of Justice Akon Ikpeme as substantive Chief Judge.

The Federation described the replacement of Justice Ikpeme, acting Chief Judge, with Justice Maurice Eneji as “an act of grave injustice” and “undue interference and discrimination.”

FIDA Nigeria took the position in a statement by Rhoda Tyoden, Country Vice President/National President, and Eliana Martins, National Publicity Secretary.

Justice Ikpeme had been Acting Chief Judge of the state since March 12, 2019, following the retirement of Justice Michael Edem.

However, at the expiration of her tenure on March 2, she was not confirmed as substantive chief judge, but replaced by Justice Eneji.

“The action,” according to FIDA Nigeria, “in appointing a junior judge instead of Justice Akon Ikpeme, who is the next senior judge in the hierarchy of Cross River State Judiciary, is a grave injustice.

“Justice Ikpeme, being the most senior judge in the state, is the rightful person to act as Chief Judge of the state, since nothing else disqualifies her.

“The government cannot impose a junior based on tribalism and zoning. Issues such as geo-political zoning, tribe have no place in evaluating this decision.

“Section 271(4) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) confirms this position and is further supported by our legal professional rules of practice.

“The profession does not tolerate a deviation from the practice.

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“FIDA Nigeria restates that discrimination based on the state of origin amounts to grave injustice being that the constitution says, ‘the most senior judge of the High Court…’ and not the most senior indigenous judge of the High Court’.

“Since there is no legal impediment against Justice Akon Ikpeme who qualifies, we can conclude that the rule of law supports her confirmation.

“We, therefore, appeal to the governor and the Speaker of the state House of Assembly to retract his action, which is discriminatory and a breach of the constitution.

“FIDA condemns in its entirety the practice of chief executives of states attempting to impose their preferred candidates for an appointment, either as judges or Chief Judge of a state.

“The National Judicial Council is independent and should remain so; there is an order of precedence involving the appointment of a Chief Judge of the state.

“FIDA Nigeria unites with other groups in strongly condemning the undue interference and discrimination.

“This position is sad at a time like this when we are planning towards the celebration of the International Women’s Day, IWD on the theme ‘Generation Equality: Realising Women’s Rights’.

“This is a clear infringement on the rights of an honourable woman.

“We, therefore, call on His Excellency, the Governor of Cross River State to do the right thing and prove to the world that he abhors all forms of discrimination by swearing in the most senior judge who has been acting effectively.

FIDA Nigeria stands against all forms of discrimination and injustice. Let’s stop undue interference with the judiciary and its processes.

“The independence of the judiciary must be assured and guaranteed.”

Vanguard