Ben Ayade, Judiciary Clash Over Acting Chief Justice
Politics and ethnic considerations have crept into the appointment of a new Chief Judge of Cross River State, with the development pitting the State Governor, Sen. Ben Ayade, against the judicial arm of Government in the State.
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.
Justice Edem, while formally bowing out on November 29 at a colourful valedictory court session, announced Justice Ikpeme as the Acting Chief Judge pending ratification of his appointment by the National Judicial Council (NJC) as nature abhors vacuum. The State Government had earlier inaugurated a new State Judicial Service Council (JSC), excluding some old members and the former Chief Judge (Justice Edem) to help throw up a junior judge as the Chief Judge.
But the ploy was rebuffed by Justice Edem, who had denounced the so-called inauguration by the Governor, contending that the constitution says, “‘the most senior judge of the High Court… and not the most senior indigenous judge of the High Court” should take over. The constitution is clear and compact enough on the issue. It needs no further elucidation or embellishment there being no impediment whatever against Akon Bassey Ikpeme who so qualifies.
“It is not too late to recover the battered jurisprudential image of the State by the renunciation of the unfortunate saga before it is too late to salvage it from decomposition. Lastly on this web, let the culture of decency, proportion, and contentment rule the passion of waiting for one’s turn and not jumping the gun… Friction between the three arms of government, being revoltingly counter-productive, should never be heard in their coasts. From elementary physics, friction generates heat (and) heat can explode into a consuming fire.”
The swearing in of the CJ on Tuesday follows the non-confirmation of Justice Akon Ikpeme as the substantive Chief Judge of the state by the Cross River State House of Assembly on Monday.
While asking the new Chief Judge to dispense justice without fear or favour, the governor said the exercise was imperative as law and nature abhor a vacuum.
“I urge you to dispense justice without fear or favour, you have to have fairness of mind. The law is blind and should not be sensitive to religion, ethnicity, colour or affiliation.
Ayade said that as governor, he has taken several decisions in the past to ensure equity and fairness in the distribution of government positions so as to have a balanced representation across the senatorial zones in the state.
The governor gave instances where he insisted that the position of the Provost of College of Education in Akamkpa be given to a southern candidate even when a candidate from the north had the highest score.
Speaking further, Ayade recalled how he overlooked a northerner while appointing the Head of Service upon assuming office, stressing that he preferred a southerner occupy the position to avoid having a lop-sided government with key officials coming from a particular zone.
“Currently, I have over 20 non-Cross Riverians holding various appointments in my government. Some of the appointees are from far flung states like Kano, Imo, Edo to as close as Akwa Ibom state, which has a commissioner in my cabinet. I am not known or given to sectionalism or tribalism. I believe in equity,” he stated.
On his part, the new acting Chief Judge pledged to enthrone a number of reforms that will aide justice delivery in the state.
He promised to be a listening leader, adding that the judiciary under him will be tough on criminals.
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