NBA opposes swearing-in of Cross River acting chief judge

…Says, swearing-in against NJC recommendation

The Nigerian Bar Association (NBA) has condemned the swearing -in of Justice Maurice Eneji as the acting chief judge of Cross River state by Governor Ben Ayade.

This development follows the non-confirmation of Justice Akon Ikpeme as the substantive chief judge of the state by the Cross River state House of Assembly, (CRS HoA).

In a statement made available to the Daily Times on Tuesday, the NBA President, Paul Usoro (SAN), described the swearing- in of Justice Eneji as absurd, naked injustice and prejudice that must not be allowed to stand.

He disclosed that the legal body is unequivocally opposed to the unsavoury political intrigues within the executive and legislative arms of government in Cross River state that resulted in the unconstitutional failure of both arms to confirm and swear in Justice Ikpeme as the substantive chief judge of the state.

“Justice Akon Ikpeme is the most senior judge of the Cross River judiciary and next to him is Justice Maurice Eneji.

The names of their lordships were both recommended to the National Judicial Council (NJC) for appointment as chief judge of the state with Ikpeme as the preferred candidate and Eneji as the reserve candidate based amongst others, on seniority.

“The NJC in December 2019, interviewed both candidates, found them respectively suitable for the position, but recommended Ikpeme for appointment as the chief judge, being the most senior judge and not having any negative report howsoever.

“It was after the NJC’s recommendation that the political undercurrents and intrigues became full-blown and culminated in today’s purported swearing-in of Eneji as the state acting chief judge.

“To be sure, those intrigues had simmered even before the NJC recommendation and it all centered around Ikpeme state of birth, Akwa Ibom state as distinct from her state of origin, which is Cross River state based on her marriage to a Cross Riverian.

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‘’Following those simmering and clandestine political machinations, Ikpeme was not confirmed nor appointed as the chief judge of the state several months after the NJC recommendation.

“Yesterday, word came out from the plenary session of the state House of Assembly that Ikpeme was a security risk by virtue of her state of birth and therefore, not fit to be appointed as the chief judge of the state.

“According to the assembly, Ikpeme is a security risk because she is, by birth, from the neighbouring Akwa Ibom state even though her husband and children are by birth from Cross River state.

“Ikpeme was born, bred, schooled and has worked, all her life in Cross River state and rightly claims the state as her state of origin. Gov. Ayade, this morning gave fillip to the absurdity and farce of the assembly by substituting Eneji as the acting chief judge of the state.

“The NBA is in the first place, dismayed that Eneji has agreed and accepted to be such a pawn in the unconstitutional intrigues of the executive and legislative arms,’’ Usoro stated.

The association further calls on the NJC to sanction judicial officers who connive at these unworthy and unconstitutional acts by the executive and legislative arms of government.

‘’The judiciary in Cross River state and beyond should stand as one in facing down this fundamental breach of our independence, and the cherished tradition of appointing the most senior and unblemished judicial officers to fill the vacant positions of the heads of courts of the states and/or federal judiciaries,” the NBA submitted.