There is uncertainty in the Cross River State Judiciary as the tenure of the Acting Chief Judge, Justice Eyo Effiom Ita expires today.

Justice Akon B. Ikpeme was Acting Chief Judge of the State for three months, followed by Justice Maurice O. Eneji for six months. Justice Eyo Ita also acted for three months.

A source told DAILY POST that the National Judiciary Council (NJC) has declined extending the tenure of Justice Effiom Ita for another three months.

The NJC recommended Justice Akon Ikpeme but the State House of Assembly refused following alleged security threat.

Ntufam Mba Ukweni, a Senior Advocate of Nigeria, spoke to our reporter on the development.

“When the Governor appointed Justice Eneji, as acting state Chief Judge, it was because he refused to accept the recommendation of the NJC. The NJC and the Chief Justice of Nigeria were deceived to extend the tenure of Justice Eneji for another three months.

“From all indications, the NJC has refused to recommend another Justice to be appointed to the substantive capacity because from the feelers we are getting it is because they have already made a recommendation for that office.

“It will be inconsistent and in fact, it would look funny for them to make a second recommendation since the Governor has refused to appoint the person they recommended. He can go ahead and appoint all the Judges in the state in an acting capacity” he said.

Ukweni added that Governor Ben Ayade can appoint acting chief judges but only at the instance of the NJC.

“The Governor cannot, on his own, extend the tenure of the Acting appointment beyond the period stated in section 274 (5) of the Constitution of the Federal Republic of Nigeria, 1999.

“The Governor can appoint the most senior person as acting chief judge. The law says if the office of the Chief Judge in a state is vacant and for any reason, the Governor can appoint the most senior Judge of the High Court to perform that function”

Ntufam Ukweni regretted that the judiciary in Cross Rivers has returned to a state of confusion.

“The Governor may go to the next Judge, Hon. Justice S. M. Anjor, if he still insists on not swearing in Hon. Justice Akon B. Ikpeme.”

The SAN wondered how long the state will continue to roam “in this unholy circle of shame”.

“Let the Governor assist himself, the judiciary, the legal profession and Cross River by doing the needful. He should retransmit his request for the House of Assembly to clear Hon. Justice Akon Ikpeme to be sworn in as the substantive Chief Judge of Cross Rivers State” he urged.

https://dailypost.ng/2021/01/18/uncertainty-in-cross-river-as-tenure-of-4th-acting-chief-judge-expires/?amp&__twitter_impression=true
Lalasticlala
Mynd44

U people want Ayade to start crying uncontrollably again ?

Nigga gonna start speaking heavy grammar though.

“It will be inconsistent and in fact, it would look funny for them to make a second recommendation since the Governor has refused to appoint the person they recommended. He can go ahead and appoint all the Judges in the state in an acting capacity” he said.

Lol the NJC are so full of themselves. If you dont want to concede to the demands of the state assembly just say that. They're not under any legal obligation to accept your appointments. One of you will get tired and move on. If not the state can have acting judges till the end of time.

Blue3k:


Lol the NJC are so full of themselves. If you dont want to concede to the demands of the state assembly just say that. They're not under any legal obligation to accept your appointments. One of you will get tired and move on. If not the state can have acting judges till the end of time.

no u are wrong as far as the Judiciary is concerned is based on seniority. That's why u see orderliness there. Because if it's not so one rascal on government may just appoint a magistrate were be him paddy to be Chief Judge

thundafire:
no u are wrong as far as the Judiciary is concerned is based on seniority. That's why u see orderliness there. Because if it's not so one rascal on government may just appoint a magistrate were be him paddy to be Chief Judge

Ok so what if they base their appointment on seniority. The state assembly is under no legal obligation to accept their appointment for any reason the deem fit. NJC can compromise by picking the next man up or cross their arms and stalemate. If they dont care to compromise they play this game till Hon. Justice Akon Ikpeme dies or retires from the proffession. Is Cross River going to sink into the ocean if they ignore them?

You're arguement about them appointing a rascal is possible but ridiculous. In the USA the President can appoint literally anyone off the street but they dont because it would be stupid. You pick someone who who has long history of rulings and the senate interviews them before confirmation. Rascals are wild cards nobody likes.

MelesZenawi:

Ikpeme should resign and go since it is obvious Cross riveriens don't want her... Period

I never understood why someone wants to go where they're obviously not wanted. Even if the seat stayed empty what happens? I assume the lower court ruling would stand or they'll just appeal to a federal court. I dont see what's stopping any party from engaging in this eternal deadlock. Buhari has refused to appoint supreme court justices leaving the country with an even 16.

Ayade is the greatest calamity to have befallen CRS. Imoke this is all your fault.

.

Blue3k:


I never understood why someone wants to go where they're obviously not wanted. Even if the seat stayed empty what happens? I assume the lower court ruling would stand or they'll just appeal to a federal court. I dont see what's stopping any party from engaging in this eternal deadlock. Buhari has refused to appoint supreme court justices leaving the country with an even 16.

The state governor has the right to appoint whoever he wants isn't it?
The NJC has the right to confirm or disapprove, isn't it?
Let each of them continue to exercise their powers and we would see who gets tired.
I am sure you don't know the genesis of the crisis.
What is happening to Ikpeme is unfair and totally unacceptable.
Let the two continue to play games.
Regards.

Blue3k:


I never understood why someone wants to go where they're obviously not wanted. Even if the seat stayed empty what happens? I assume the lower court ruling would stand or they'll just appeal to a federal court. I dont see what's stopping any party from engaging in this eternal deadlock. Buhari has refused to appoint supreme court justices leaving the country with an even 16.

Where is she not wanted?
By law, she is supposed to be the CJ..
The law is the law. There are procedures to this thing.
If NJC want to force Ayade to confirm her, they can.
They just don't want to look harsh

OAUTemitayo:

The state governor has the right to appoint whoever he wants isn't it?
The NJC has the right to confirm or disapprove, isn't it?
Let each of them continue to exercise their powers and we would see who gets tired.
I am sure you don't know the genesis of the crisis.
What is happening to Ikpeme is unfair and totally unacceptable.
Let the two continue to play games.
Regards.

Lol you drama queens and your histrionics. What calamity has occured over this? If this is really a political crisis we would see the national assembly anending the constitution to avoid this situation. None of you guys can point to any laws being broken so you resort to these emotional appeals. What's unfair and what's unacceptable about the state assembly refusing their pick? Is the NJC their boss?

OAUTemitayo:

Where is she not wanted?
By law, she is supposed to be the CJ..
The law is the law. There are procedures to this thing.
If NJC want to force Ayade to confirm her, they can.
They just don't want to look harsh

Cite the law that states the state assembly has to accept their pick. Stop telling lies layman you dont know the law. The NJC cant force them to do anything. If they could they would have already. The elected representatives if Cross River said no now what they going do about?

Even by your own logic the NJC are idiots. They're prolonging the "crisis" because they think it's harsh to enforce the law. Lol what a bunch of clowns grow some balls.

Blue3k:


Lol you drama queens and your histrionics. What calamity has occured over this? If this is really a political crisis we would see the national assembly anending the constitution to avoid this situation. None of you guys can point to any laws being broken so you resort to these emotional appeals. What's unfair and what's unacceptable about the state assembly refusing their pick? Is the NJC their boss?



Cite the law that states the state assembly has to accept their pick. Stop telling lies layman you dont know the law. The NJC cant force then to do anything. If they could they would have already. The elected representatives if Cross River said no now what they going do about?

Even by your own logic the NJC are idiots. They're prolonging the "crisis" because they think it's harsh to enforce the law. Lol a bunch of clowns grow some balls.

I agree with you.the njc power is to recommend while the job of the assembly is to confirm or reject which they have done.the njc should nominate another

Blue3k:


Lol you drama queens and your histrionics. What calamity has occured over this? If this is really a political crisis we would see the national assembly anending the constitution to avoid this situation. None of you guys can point to any laws being broken so you resort to these emotional appeals. What's unfair and what's unacceptable about the state assembly refusing their pick? Is the NJC their boss?



Cite the law that states the state assembly has to accept their pick. Stop telling lies layman you dont know the law. The NJC cant force then to do anything. If they could they would have already. The elected representatives if Cross River said no now what they going do about?

Even by your own logic the NJC are idiots. They're prolonging the "crisis" because they think it's harsh to enforce the law. Lol a bunch of clowns grow some balls.

Imao.
I am not one of the dodoyos you do serve everyday on Nairaland.
Who is appealing to emotion?
Since NJC refused to confirm another person, can you kindly go ahead and do so on their behalf?
Henceforth, the state judiciary would be without leadership.
And when I said NJC can force him, I was not referring to law in direct terms.
Yeye dey smell.

Dansuqi:




I agree with you.the njc power is to recommend while the job of the assembly is to confirm or reject which they have done.the njc should nominate another

What was the basis of the rejection?
If Buhari has rejected the one nomination of Ononeghen then citing security reports that never exist, the � you are quoting would be part of Nairaland e-wailers shouting nepotism.
It is the responsibility of the assembly to confirm or reject. It is also the responsibility of NJC to recommend. And the law never said they can't recommend her again.
Let the circus show continue. We would see who go tire.

MelesZenawi:
The said Justice Ikpeme should step aside and resign honourably then go home and rest...that's what Integrity means and as a Judge she supposed to have exhibit such quality by resigning so as not to create room for mess and put the state Judiciary in bad light..


Ikpeme should resign and go since it is obvious Cross riveriens don't want her... Period

Ode

OAUTemitayo:

Imao.
I am not one of the dodoyos you do serve everyday on Nairaland.
Who is appealing to emotion?
Since NJC refused to confirm another person, can you kindly go ahead and do so on their behalf?
Henceforth, the state judiciary would be without leadership.
And when I said NJC can force him, I was not referring to law in direct terms.
Yeye dey smell.

Lol you're just another clown with no counter argument. You're appealing to emotions since you can't cite the laws. The state judiciary has no permanent leadership and nothing has happened. The governor can keep appointing acting judges till the end of time it's that simple. She's not wanted and there's nothing NJC can do about it directly or indirectly clown.

Dansuqi:

I agree with you.the njc power is to recommend while the job of the assembly is to confirm or reject which they have done.the njc should nominate another

The NJC refuses to compromise because they think they're the boss of the state. This isnt the first time the black robes have been ignored. Let them enjoy their rejections.

Blue3k:


Lol you're just another clown with no counter argument. You're appealing to emotions since you can't cite the laws. The state judiciary has no permanent leadership and nothing has happened. The governor can keep appointing acting judges till the end of time it's that simple. She's not wanted and there's nothing NJC can do about it directly or indirectly clown.



The NJC refuses to compromise because they think they're the boss of the state. This isnt the first time the black robes have been ignored. Let them enjoy their rejections.

You are a clown
The state judiciary has no permanent head but was able to work effectively because NJC was allowing the use of acting CJ. Now it seems NJC won't do so again, do you have a brain to process the likely effects of that or you are just one of these rabble rousers with low IQ?

Once NJC refuse to allow any acting CJ, you would see the effects.
Covertly supporting nepotism because you are from the state.
Ode

NJC is declining the use of any Acting CJ.
If you know the role of the CJ in so many things, you will know the likely impacts; both legally and administratively.
NJC can practically ground the judiciary in the state without resorting to illegally.
Keep on coding nonsense around.
I have order to deliver tonight and I don't even have your time.
How far?
Blue3k
I told you, NJC will refuse a new Acting CJ and that's the end. If you know the constitutional and administrative roles of the CJ, you will know there is no state judiciary that can work without a CJ.
But bigotry wan kee you.

OAUTemitayo:

You are a clown
The state judiciary has no permanent head but was able to work effectively because NJC was allowing the use of acting CJ. Now it seems NJC won't do so again, do you have a brain to process the likely effects of that or you are just one of these rabble rousers with low IQ?

Lol clown you can't point to any tangible issues not having a chief justice caused. All you drama queens can offer is emotionsmumu ramblings. If NJC refuses to compromise then they should enjoy the fruits of their labor. The courts are running as they always have.

OAUTemitayo:
Once NJC refuse to allow any acting CJ, you would see the effects.
Covertly supporting nepotism because you are from the state.
Ode

Cite the law that says the NJC allows the governor to appoint a chief justice layman. Stop lying you dont know the law clown. Even the SAN said the governor can appoint acting judges when vacancies are present for what ever reason. Lol you ignorant clowns just like running your mouths like mumu.

1999 constitution section 271

(4) If the office of Chief Judge of a State is vacant or if the person holding the office is for any person unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions, the Governor of the State shall appoint the most senior Judge of the High Court to perform those functions.

(5) Except on the recommendation of the National Judicial Council an appointment pursuant to subsection (4) of this section shall cease to have effect after expiration of three months from the date of such appointment and the Governor shall not re-appoint a person whose appointment has lapsed.

thundafire:
no u are wrong as far as the Judiciary is concerned is based on seniority. That's why u see orderliness there. Because if it's not so one rascal on government may just appoint a magistrate were be him paddy to be Chief Judge

Thank you very much.

It happened in Rivers State and the NJC stood their grounds.

Blue3k:


Lol you're just another clown with no counter argument. You're appealing to emotions since you can't cite the laws. The state judiciary has no permanent leadership and nothing has happened. The governor can keep appointing acting judges till the end of time it's that simple. She's not wanted and there's nothing NJC can do about it directly or indirectly clown.



The NJC refuses to compromise because they think they're the boss of the state. This isnt the first time the black robes have been ignored. Let them enjoy their rejections.

You obviously don't have any sense.
Who is asking for law?
I am telling you once NJC refuse a acting CJ, shit would hit the fan and empty folks like you will know wassup.
Ask Rivers state.

OAUTemitayo:
You obviously don't have any sense.
Who is asking for law?
I am telling you once NJC refuse a acting CJ, shit would hit the fan and empty folks like you will know wassup.
Ask Rivers state.

Lol clown cite your claims. Ok well see if they honestly care. They left the seat vacant and sky didnt fall. All that happens is people like you cry at night over the states decision.

Blue3k:


Lol clown cite your claims. Ok well see if they honestly care. They left the seat vacant and sky didnt fall. All that happens is people like you cry at night over the states decision.

Waka mumu

OAUTemitayo:

Waka mumu

Lol idiot you dont even know the history of rivers case your citing. You mumus just like running mouths. The person the recommended was qualified to be acting chief justice that's why they why he was wasnt legally allowed to have the seat. If you read the article the SAN even admits they're legally allowed to appoint S.M Anjor if they please mumu.

“The Governor can appoint the most senior person as acting chief judge. The law says if the office of the Chief Judge in a state is vacant and for any reason, the Governor can appoint the most senior Judge of the High Court to perform that function”

“The Governor may go to the next Judge, Hon. Justice S. M. Anjor, if he still insists on not swearing in Hon. Justice Akon B. Ikpeme.”

The learned trial judge held that Justice Agumagu was not qualified to be appointed as the Acting Chief Judge of Rivers State not being a State High Court Judge at the time of the appointment as required by section 271(4) of the Constitution of the Federal Republic of Nigeria, 1999.

https://www.pmnewsnigeria.com/2014/04/06/crisis-of-appointment-of-chief-justice-in-rivers-state/

-

Sonoyom:
Ayade is the greatest calamity to have befallen CRS.
Imoke this is all your fault.

Lol it's not cross riverians fault electing an idiot twice? Anyway how is any of this his fault. We can fault him on his phantom projects like the super highway, seaport etc but not this.

jjhnja44es:
Would it be mean of me to suggest one of the chimps at Cross River Park be appointed chief judge while the Ikpeme be employed as a cleaner

Lol the chimps might be smarter than the average Cross Riverian so why not. Chimp for chief justice 2021.

Blue3k:


Lol it's not cross riverians fault electing an idiot twice? Anyway how is any of this his fault. We can fault him on his phantom projects like the super highway, seaport etc but not this.



Lol the chimps might be smarter than the average Cross Riverian so why not. Chimp for chief justice 2021.

Voting an idiot twice is the fault of Cross riverians no doubt but Nigerians generally suffer from that disease. Ayade can not be absorbed of blame regarding what is happening in CRS judiciary, in fact he is the mastermind! You might want to argue but don't forget what happened in Micheal Edem's case. The issue of tribal affiliation has been a problem.
He can keep appointing individuals in acting capacity after all this will be one of the many failures that has plagued his government.

Sonoyom:

Ayade can not be absorbed of blame regarding what is happening in CRS judiciary, in fact he is the mastermind! You might want to argue but don't forget what happened in Micheal Edem's case. The issue of tribal affiliation has been a problem.
He can keep appointing individuals in acting capacity after all this will be one of the many failures that has plagued his government.

If he's the master mind I can half way agree with your assessment. The other half will still fall on NJC for not conceding to their demands. All parties can play this game till she retires of dies it doesn't matter really assuming the same type of people are in in power.

Blue3k:


If he's the master mind I can half way agree with your assessment. The other half will still fall on NJC for not conceding to their demands. All parties can play this game till she retires of dies it doesn't matter really assuming the same type of people are in in power.

The NJC should concede to their demands?
Is there a 'concession' clause in law that stipulates the appointment of chief Judge?.

Ayade is a leopard whose spots would not change, but i just want to sound this 'governance shouldn't always be about the executive, the rule of law should always be priority'.

Sonoyom:

The NJC should concede to their demands?
Is there a 'concession' clause in law that stipulates the appointment of chief Judge?.

Ayade is a leopard whose spots would not change, but i just want to sound this 'governance shouldn't always be about the executive, the rule of law should always be priority'.

There's no law demanding any party agree on anything. The current stalemate is perfectly legal as we both agreed to prior. Even the SAN didnt claim it was that's why I find these hyperbolic statements about a crisis laughable. It just a way to get people to read the news.