NJC, Cross River Govt Tango Over Appointment Of Chief Judge

For six months running Cross River State has remained without a substantive Chief Judge as the National Judicial Council (NJC) and the State government flex muscles.

Twice the NJC had recommended that the Cross River State government should confirm and swear in Justice Akon Ikpeme as the substantive Chief Judge of the state given the fact that she is the most senior Judge in the state.

But twice the state through the State House of Assembly through the said manipulation of the governor, Senator Ben Ayade declined to confirm Ikpeme claiming she is from Akwa Ibom State and constitutes a security risk and went ahead to put forward the second in seniority, Justice Maurice Eneji for the governor to swear in as acting Chief Judge.

On March 2, 2020, after much intrigues, ethnic sentiments and alleged financial inducement, the Cross River State House of Assembly rejected the confirmation of Justice Ikpeme as the substantive Chief Judge of the state and put forward Justice Eneji.

Following the rejection of Justice Ikpeme by the House, the State governor on March 3 swore in Justice Eneji as the Acting Chief Judge of the state saying it was “imperative as law and nature abhor vacuum” and subsequently the state government forwarded his name to the NJC for a formal clearance and recommendation to be appointed as the substantive Chief Judge of the state.

But the NJC had since written to the state government declining to recommend Eneji on grounds that he is the number two judge in the state insisting that their earlier recommendation on IKpeme stands hence the state government should reconsider Ikpeme’s case and appoint her as the substantive Chief Judge as the basis for her rejection by the House is not tenable.

It was gathered that NJC may not be pleased with the unnecessary and undue interference by the state government most especially when same person was said to have been presented two years ago to be screened and recommended for the number one position even though he was number four then when the immediate past Chief Judge, Justice Michael Edem was presented as number one for recommendation by the NJC.

Thus as the three months acting capacity of Eneji will officially end on June 3, the State House of Assembly sat on June 2 to consider the confirmation of Ikpeme but for the second time they declined to confirm her.

The Secretary to the State Government, Tina Agbor in a letter to the Speaker and read on the floor of the House, dated May 29, 2020, and titled: “RE: Confirmation of Hon Justice Akon Ikpeme”, reads: “I am directed by His Excellency, the Governor, Senator Prof Ben Ayade, to convey the attached correspondence from the National Judicial Council on the above for your consideration and further necessary action.

“You are to treat the above with the urgency it deserves in view of the emergency situation we find ourselves in our world and to ensure that there is no vacuum created in our Judiciary and the concomitant effects in the entire political space as a result thereof. Please accept the kind regards of his Excellency, the Governor.”

However, the House presided over by the Speaker, Mr Eteng Williams did not read the letter from the NJC, but in a voice vote rejected the Governor’s letter and that of the NJC, saying it would not reverse its earlier decision on Ikpeme.

Chatting with some newsmen shortly after the session, the Chairman of the House Committee on Judiciary, Public Petition, Public Service Matters and Conflict Resolution, Mr Efa Nyong Esua, feared that the rejection of Ikpeme for the second time was not in the best interest of the State.

He said: “I got to know about the letter today during the Executive session. It wasn’t addressed to my committee. Their contention is that since the NJC cannot overrule itself, the House should not also overrule itself.