Kunle Edun, Ike Augustine, Others Sue Cross Rivers House Of Assembly And Governor Over Rejection Of Justice Ikpeme

Human rights activists have approached the Calabar Judicial Division of the Federal High Court in a public interest litigation suit seeking to enforce the fundamental rights of Honourable Justice Akon Ikpeme over the non-confirmation by the Cross River State House of Assembly on the discriminatory ground that he poses a security risk, not being an indigene of the State.

In the Motion which was made available to TheNigeriaLawyer (TNL), the Applicants listed in the Suit are Kunle Edun, Esq., the current Publicity Secretary of the Nigerian Bar Association, Ike Augustine Esq, an Owerri based legal Practitioner, Emmanuel Ewere, O. Adams Ochuagu and Adedapo Adejumo, Abuja based legal Practitioners while the Respondents are Speaker of the Cross River State House of Assembly, Cross River State House of Assembly and Government of Cross River State. The Suit was filed on Friday the 13th Day of March, 2020, with Suit No: FHC/CA/FHR/31/2020.  The date for mention of the Suit is expected to be out on Monday the 16/3/2020.

The reliefs sought by the Applicants are:

1. A DECLARATION that Hon. Justice Akon Ikpeme is a citizen of Nigeria and entitled to be appointed to any office in Cross River State by virtue of her citizenship and is guaranteed the right to freedom from discrimination by the Constitution of the Federal Republic of Nigeria 1999 (as amended).
2. A DECLARATION that the Non-Confirmation of Hon Justice Akon Ikpeme as the substantive Chief Judge of Cross River State by the Cross River State House of Assembly solely on the basis that she is not from Cross River State is unlawful, unconscionable, discriminatory and amounts to a gross violation of her constitutionally Fundamental Human Rights to freedom from discrimination.
3. A DECLARATION that the non-confirmation of Hon. Justice Akon Ikpeme as the substantive Chief Judge of Cross River State by the Cross River State House of Assembly on the basis that she is not from Cross River State and therefore a security risk is a violent contravention of her Fundamental Human Rights to freedom from discrimination.
4. AN ORDER setting aside the decision of the Cross River State House of Assembly made on the 2nd of March, 2020 as to the Non confirmation of Hon. Justice Akon Ikpeme for being a nullity as same is in gross violation of her fundamental right to freedom from discrimination.
5. EXEMPLARY AND SPECIAL DAMAGES in the sum of N50,000,000.00 (Fifty Million Naira only) against the Respondents jointly and severally for the untold hardship and public ridicule/humiliation suffered by Hon. Justice Akon Ikpeme as a result of the violation of her right to freedom from discrimination.

AND for such further or other Order(s) as this Honourable Court may deem fit to make in the circumstances of this application.

TNL recalls that the Cross River State Government has been enmeshed in controversy over the appointment of a substantive chief judge of the state.

The most senior judge in the state, Akon Ikpeme, who ought to be appointed the chief judge in accordance with the Nigerian Constitution and legal tradition, was disqualified by the state assembly allegedly because of her family ties with neighbouring Akwa Ibom.

Cross River governor, Ben Ayade, instead nominated the second most senior judge, Maurice Eneji, to replace Ms Ikpeme as acting chief judge, an action which lawyers in the country said is unacceptable.

In a written address in support of their application dated 12th day of March, 2020, the applicants argue that the non confirmation contravened goes contrary to section 42 of the constitution which provide that:

“42. (1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or

political opinion shall not, by reason only that he is such a person:-

(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or

(b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.”

(2) No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth”

They argue that Mrs Ikpeme been a citizen of Nigeria by birth irrespective of her ethnic group, race, sex, shall not be discriminated on any guise. They added that having lived her life in Cross River State, married a Cross Riverian, and has been working for decades as a judicial officer, including being a director of public prosecution, and a judge in Cross River, she didn’t deserved the treatment metted out on her.

The Applicants also placed reliance in SPD Co. Ltd. & 5 Ors. V. E.N. Nwaka & Anor. (2001) 10 NWLR (Pt.720) page 64 at pages 82-83 where Pats-Acholonu, J.C.A. held that:

“It needs the courage, wisdom and proper understanding of our social-economic environment for an activist Judge to widen the scope of the law on locus standi. Some Judge and advocates have shown some trepidation in handling this matter. I believe we have to take the bull by the horn and do justice to a matter before the court without bending overly backwards because a matter is on borderline in respect of whether the initiator of an action has the standing order to do so. I think that where the cause is laudable and will bring peace, justice and orderliness that will reflect the spirit of the Constitution then we should not shirk our responsibility in this area to help in advancing the cause of Social, Economic and Cultural matters as they affect this society… I believe that it is the right of any citizen to see that law is enforced where there is an infraction of that right or a threat of its being violated in matters affecting the public law…”

The Applicants urged the court to enforce the fundamental rights of Honourable Justice Ikpeme.