Ben Ayade, judiciary clash over acting chief justice | The Guardian Nigeria News - Nigeria and World News

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At issue is Governor Ayade’s decision to bypass the most senior judge and appoint a junior officer instead. Nigeria

At issue is the Governor Ayade’s decision to bypass the most senior judge and appoint a junior officer instead. But the retiring Chief Judge, Justice Michael Edem, and other judiciary officers in the state are resisting government’s planned imposition, insisting that Justice Akon Ikpeme is the rightful person to act as chief judge of the state.

A Senior Advocate of Nigeria , Mrs. Nella Andem-Ewa, who spoke on behalf of other SANs in the state at the ceremony, affirmed the nomination of Justice Ikpeme as the Acting Chief Judge and the candidate for the substantive position by law is the most senior and the rule of law must be respected. Worried by the situation as regards the ignoring of the court injunction by the state government, the House of Assembly and the new JSC, Edem and others of the authentic JSC went back to court and filed Form 48 dated November 28 of “Notice of Consequences of Disobedience to Court Order of 1st day of November, 2019”.

Another senior lawyer, Mr. Mba Ukweni, also condemned the ploy to swear in a junior judge in place of the senior saying, section 271. of the Constitution says “the appointment of a person to the office of Chief Judge of a State shall be made by the Governor of the State on the recommendation of the National Judicial Council subject to confirmation of the appointment by the House of Assembly of the State.

“It is worthy to note that what Cross River State House of Assembly was propelled to do by attempting to dissolve and reconstitute by voice votes Cross River State Judicial Service Commission is contemptuous of pending proceedings before the National Industrial Court, Calabar Judicial Division in Suit No. NICN/CA/38/2019 challenging the dissolution of that commission established by Section 197 of the Constitution of the Federal Republic of Nigeria, 1999 .

 

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