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The Case for Justice Ikpeme

Denying Akon Ikpeme the place of substantive chief decide is untenable
The constant refusal to substantiate Justice Akon Ikpeme because the substantive Chief Decide of Cross River State by the Home of Meeting is symptomatic of the impunity with which public officers trample on the rights of residents and disrespect the structure they swore to uphold. For the previous six months, Cross River State has remained and not using a substantive Chief Decide regardless of repeated interventions by the Nationwide Judicial Council (NJC) that Justice Ikpeme be confirmed and sworn in. Her elevation is being thwarted as a result of she hails from neighbouring Akwa Ibom State even when her husband is from Cross River State, and the place she had been practising her profession on the bench.

In a simplistic method, the sordid drama in Cross River State might be seen inside the context of competitors for area. Nevertheless it goes past that because it exhibits how a few of our leaders promote clannishness and sow seeds of division. In saner climes, folks declare the state the place they reside and fulfill all authorized obligations. However in Nigeria right now, residents may have their rights casually circumscribed on the pretext of being ‘non-indigenes’ in a state a few of them had lived and labored all their life. This explicit case additionally depicts lawlessness as a result of there are clear and particular constitutional provisions on such appointments based mostly on the advice of the NJC which might be being noticed within the breach.

Sadly, Cross River State will not be alone on this follow. It’s commonplace that many Nigerians exterior their ‘state of origin’ undergo all types of discrimination and are denied sure rights and privileges. Ladies are essentially the most discriminated towards on this regard. A lady who has lived, married and labored for over 25 years, paying taxes and performing her civic duties and duties to the ‘host state’ abruptly finds that she can’t declare a place rightfully earned.

The Ikpeme saga began in January following the retirement of the previous Chief Decide, Justice Michael Edem. Though Ayade despatched Justice Ikpeme’s identify to the State Home of Meeting for affirmation as prescribed by regulation, he was believed to have engineered the refusal by the lawmakers. The reason being that Justice Ikpeme hails from Akwa Ibom State by beginning, and would “pose a safety threat to Cross River State” ought to there be a battle between each states. A day after the Home declined affirmation, the governor swore in Justice Maurice Eneji because the appearing Chief Decide on grounds that “regulation and nature abhor vacuum”. Since then, all of the interventions by the NJC had been rebuffed by the State Home of Meeting.

Final yr, the Home of Representatives handed the Federal Character Fee (Institution Act) 2004. Part 2 of Half II of the principal act was substituted with new provisions which grant married girls the choice of selecting the indigeneship of both their father or husband’s state of origin. Whereas the Senate is but to concur with this vital invoice, since married girls are thought-about indigenes of their husband’s state by advantage of the subsisting act, the regulation continues to be on Justice Ikpeme’s aspect. Instructively, going by part 271, subsection 5 of the 1999 structure, Eneji’s appearing capability ended two weeks in the past. For the reason that NJC declined to advocate him and his appearing capability can’t be prolonged, the judiciary in Cross River is now in limbo.

Whereas what is occurring in Cross River State highlights the adverse penalties of creating residents ‘foreigners’ in their very own nation, the case of the Nigerian lady deserves particular consideration. Nothing maybe speaks to the gender imbalance in Nigeria than the variety of illustration within the varied arms of presidency each within the states and on the federal stage. To now start to exclude professionals amongst them fromtheir rightful place merely for archaic and oppressive causes is unacceptable. Governor Ayade and the Home of Meeting should be compelled to do the fitting factor by confirming and swearing in Justice Ikpeme because the Chief Decide of Cross River State.

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Ikpeme’s case depicts lawlessness as a result of there are clear and particular constitutional provisions on such appointments

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