The fact that Justice Akon Ikpeme was denied the position of the substantive chief judge of Cross River State because ‘she is not an indigene of the state’ although married to a man from that place, has continued to raise fresh controversy over gender discrimination in Nigeria’s judiciary.
Ikpeme’s case is not the first in Nigeria, as female judges in Abia, Kano, Kebbi and Rivers states were also denied elevation or confirmation at different times. While the case in Cross River, those in Abia, involving Justice Theresa Uzokwe and Ifeoma Jombo-Ofo, and that of Kano, involving Justice Patricia Mahmoud, were believed to be linked to the state of origin syndrome, the Kebbi matter, involving Justice Elizabeth Asabe Karatu and that of Rivers, involving Justice Daisy Okocha, were believed to be about religious or political considerations.
In the case of Cross River, Governor Ben Ayade was said to have rejected Ikpeme following the expiration of her tenure as acting chief judge of the state on March 2. He rather preferred Maurice Eneji, who is her junior. The governor allegedly influenced the state House of Assembly not to confirm the former acting chief judge.
Upon due retirement of her predecessor, Justice Michael Edem, the governor preferred a judge from his northern senatorial district to succeed him since he claimed they had not produced one.
Investigation revealed that Mrs Ikpeme’s mother was from Big Qua area of Calabar Municipality, and that she did all her schooling and working career in the state.
While refusing to confirm her, the lawmakers in the state assembly explained that since the relationship between the state and its neighbouring Akwa Ibom, where her father hails, was still frosty due to the 76 oil wells saga, she could not be trusted.
But the 25-man Assembly was sharply divided over the issue. Two out of the three female lawmakers, Mrs Elizabeth Ironbar, representing Akpabuyo constituency and Itam Abang of Boki 1 constituency, were against the position of their colleagues, saying it was discrimination against women and a dangerous precedence.
On March 2, the Speaker of the Assembly, Eteng Jonas Williams, ordered for a voice vote, which rejected her in favour of Eneji.
The next day, March 3, by 9am, unlike him, the governor rushed to his office and conducted the swearing in of Justice Eneji as the acting chief judge of the state, against a strong advice from the Nigerian Bar Association (NBA) and the National Judicial Council (NJC).
In Abia State, the appointment of Justice Theresa Uzokwe by former Governor Theodore Orji, now a senator, in December 2014, sparked resistance from the State Assembly and other stakeholders because, according to them, she hailed from Imo State, not Abia. The Assembly also alleged that she was involved in some acts of misconduct.
Also, when he assumed office, Governor Okezie Ikpeazu suspended Justice Uzoukwu and swore in Justice Obisike Oji as the chief judge of the state. It took the intervention of the NJC to formerly retire her and Justice Oji.
In November 2012, the planned swearing in of Justice Ifeoma Jombo-Ofo as a justice of the Court of Appeal was opposed by some groups in Abia State. They wrote a petition to the then Chief Justice of Nigeria Maryam Aloma Mukhtar. The groups contended that she was not qualified to represent Abia State, having originally come from Anambra State, although married to a man from Abia.
She was asked to vacate her seat shortly before the ceremony began. The protest continued despite claims that she transferred her service from the Anambra State judiciary to Abia following her marriage. She was eventually sworn in after the intervention of the Senate, women rights groups and others.
In Kano on January 2015, the appointment of Justice Patricia Mahmoud as acting chief judge of the state by former Governor Musa Kwankwaso, after the retirement of Justice Shehu Atiku, drew controversy. The judge hailed from Benue State but married to a man from Kano.
The governor said his decision was based on section 271 (4) of the 1999 Constitution, which states that the most senior judge should be sworn in pending the appointment of a substantive chief judge. Her nomination to the Court of Appeal was also opposed on two occasions, on the ground that she could not lay claim to Kano’s slot at the appellate court. She was eventually sworn in as a Court of Appeal judge in June 2018.
In Kebbi State, Justice Elizabeth Asabe Karatu was not confirmed as substantive chief judge following the retirement of former chief judge, Justice Bala Ibrahim Mairiga on October 30, 2017. She was appointed in acting capacity on October 26, 2017. Her acting appointment was renewed on January 30, 2018. But following the hearing on her confirmation on August 1, 2018, the state assembly stated that there were alterations on her First School Leaving Certificate, adding that by the first certificate she ought to have retired on May 9, 2017.
The controversy in Rivers State began in 2015 when the then Governor Rotimi Amaechi refused to appoint Justice Daisy Okocha into the state High Court and preferred Justice Peter Agumagu of the Customary Court of Appeal. Amaechi said she was not fit to succeed the retired chief judge, Justice Iche Ndu, although she was chosen for the position. He maintained that Agumagu was the most senior judge of the state.
Lawyers react
Meanwhile, lawyers have described the practice of refusing to confirm female judges on grounds of state of origin as unconstitutional.
In a statement signed by the president of the NBA, Paul Usoro, a Senior Advocate of Nigeria (SAN), the association said the NJC had a duty to insist on the confirmation of the appointment of Ikpeme as the chief judge of Cross River State.
“The NJC should also appropriately sanction judicial officers who connive at these unworthy and unconstitutional acts by the executive and legislative arms of government. Precedents of the NJC’s actions abound in this regard. 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 heads of courts,” the statement reads.
Prof Ernest Ojukwu (SAN) said, “Any leader that carries out such discrimination, supports it or sponsors it should be treated like an animal in this century. I must make it clear that the Federal Character Commission regulation provides that a married woman shall continue to lay claim to her state of origin for the purpose of implementation of the federal character formulae at the national level. This provision does not apply to appointments in a state,” Ojukwu said.
Also, Orji Emole said, “Specifically, section 42 of the 1999 Constitution, as amended, prohibits discrimination of any kind by reason of your place of origin, sex or religion. Specifically, section 42 (2) of the constitution provides that no citizen of Nigeria shall be subjected to any disability or deprivation, merely by reason of circumstances of your birth.”
“By Section 271(1) of the constitution, the appointment to the office of a chief judge of a state shall be made by the governor on the recommendation of the NJC, subject to confirmation by the House of Assembly of that state. There is nothing in the constitution that stipulates that to be eligible for recommendation by the NJC or confirmation by the House of Assembly, you must be born in that state. The only provison in section 271(3) is that to hold the office you must have practised in Nigeria for a period not less than 10 years,” he added.
E.M.D. Umukoro also said, “If a female judge is qualified to function in the state of her marriage, there is no reason why she cannot qualify to rise and head the judiciary of the state.’’
Also reacting, concerned gospel ministers in the state, including archbishops and bishops, in a meeting led by Archbishop Archibong Archibong, contended that since Mrs Ikpeme was screened by the Department of State Service (DSS) and other relevant services without any form of indictment or blemish, there is no way she would constitute a security risk as postulated by the Cross River State House of Assembly.
“Using ethnicity as a reason to disqualify Justice Ikpeme is the height of injustice on a woman who is married to a Cross Riverian and has served the state meritoriously. It is an act of wickedness,’’ they stated.
Fifteen women groups, including Mbono Iban Isong Efik Association, Gender and Development Action, Eniong Women Association, Women4Women Community, FIDA-CRS, Efik Leadership Foundation, and Henshaw Town Women Association, also condemned the action of Governor Ayade and members of the state House of Assembly.
