NBA Calabar Rejects The Inauguration Of New Judicial Service Commission Members, Says Action Is Illegal

* calls the Governor for reversal

The Executive Committee of the Nigerian Bar Association, Calabar Branch in strong terms condemn the approach adopted by the Governor of Cross River State, represented by the Deputy Governor of the State, Prof. Ivara Esu, in inaugurating the new members of the Judicial Service Commission on Monday.

The branch Executives at its meeting held Tuesday pointed out that the procedure adopted is unconstitutional and therefore illegal.

The Association in a statement signed by the branch chairman Paul. O. Ebiala, PhD and the Secretary, Effiom Ayi, views the action of the Governor as a grave infraction of the provisions of Sections 197(1 Xc), 198 and 199(1)(c) of the Constitution of the Federal Republic of Nigeria 1999 (As amended) as well as Sections 2. 4, 5 of the Judicial Service Commission Law Cap J2, Vol. 4 of the Laws of Cross River State, 2004.

Specifically speaking, the Association notes that “the 5-year tenure appointments of the members of the Commission, which appointments took effect from the 7th day of June, 2017 having not expired, the Governor cannot legally appoint new members of the Commission.

“Secondly, by the combined effects of Section 198 of the Constitution and Section 2(2) of the JSC Law, no person shall be appointed as a member of the Commission without confirmation by the State House of Assembly.

“To the best of our knowledge, there was no such confirmation before the purported appointment and inauguration. What is more, by Section 5 of the JSC Law of the State. no member of the Commission shall be removed without the support of two-thirds majority of the State House of Assembly.

“No such removal has been made to our knowledge. In the Association’s avowed commitment to the Rule of Law the Branch requests the Governor to reverse his action and allow status quo ante bellum to remain.