· Controversy over state of origin
The swearing-in ceremony of newly-appointed justices of the Court of Appeal by the Chief Justice of Nigeria, Justice Aloma Mukhtar, yesterday ended on a controversial note. This is sequel to the 11thhour removal of Justice Ifeoma Jombo-Ofo from the list of the justices approved for elevation by both the National Judicial Council, NJC, and President Goodluck Jonathan.The Supreme Court had last week released a list of 12 justices for the swearingin ceremony, including Justice Jombo-Ofo. National Mirror gathered yesterday that Justice Jumbo-Ofo was dropped on the strength of a petition against her which claimed that the state she is to represent, (Abia) on the Appeal Court bench is not her state of origin. Jombo-Ofo was appointed a high court judge on November 4, 1998 following her call to the Bar in 1979.
She was representing Abia State where she had served for many years after her marriage to Mr. Jombo- Ofo, an indigene of the state. She was originally from Anambra State before her marriage and subsequently transferred her service from her home state to her husband’s state of Abia.
Those behind the petition were reported to have mounted intense pressure and arm twisting techniques to foil her elevation to the appellate court. Efforts by the state governor, Theodore Orji, who was at the ceremony to save Justice Jumbo-Ofo failed.
Besides his presence at the ceremony, it was gathered that the governor had written a letter to the Chief Justice of Nigeria last Saturday confirming the indigenship of Justice Jumbo-Ofo, who had served in the Abia State judiciary in the last 14 years and also affirmed that her name was indeed sent by the state government as one of the state’s candidates for elevation to the appellate court.
Governor Orji urged the CJN to disregard the petition or allegation against her indegenship and swear her in. National Mirror reports that a serving justice of the Supreme Court, who found herself in a similar situation, was not dropped by the Supreme Court, when she got elevated to the apex court bench.
Just last Wednesday, Justice Olufunlola Adekeye, in her retirement speech from the Supreme Court bench, had implored the Chief Justice of Nigeria, the Chief Judges of the states, the Judicial Service Commission (JSC) and the National Judicial Council (NJC) to review the policy that married women cannot reach the peak of their career in their husband’s state of origin.
Adekeye noted that complaints of this nature were becoming increasingly rampant within the judiciary and stated that most women transfer their services to the state of origin of their husbands immediately after their marriage which, according to her, is logical and in compliance with the tenets of marriage that the two spouses shall become one.
The retired jurist regretted that whenever there is vacancy at the top in the husband’s state of origin, the woman will be denied the post and there and then referred to her own state of origin, after climbing the ladder and putting so many years in service. An indigene of the state will then be fished out to take the position.
She further observed that the woman would have hurdles to cross in her own state of origin as she did not work there and the authorities in her state of origin will not be in a position to assess her suitability for the post properly.
“It is my view that during the existence of her marriage, the name of her husband must qualify and make her eligible to reach the peak of her career in her husband’s state. I think it is unconstitutional as well as discriminatory to deprive her of her promotion in her acquired state as a citizen of Nigeria, by virtue of Section 42 of 1999 Constitution of the Federal Republic of Nigeria.”
Section 42 of the constitution provides as follows: (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, religion 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, religion or political opinions.
Those who were sworn in yesterday were Justices Ibrahim S. Bdliya, who was called to the Bar in 1976 and appointed a High Court judge on August 20, 1987; Abiriya James Shehu, called to Bar in 1979 and subsequently appointed a High Court judge on September 17, 1993; and Obietonbara O. Daniel-Kalio, who was called to Bar and became a High Court judge in 1981 and October 30, 1995 respectively.
are Justices Onyekachi Otisi, called to the Bar in 1980 and sworn in as a High Court judge in November, 1998; Stephen Jonah Adah, called to the Bar in 1982 and appointed a High Court judge on November 12, 1998; Tinuade Akomolaje-Wilson, who was sworn in as judge on May 3, 1999 having being called to the Bar in 1975; and Fatima Akinbami, who was called to the Bar in 1977 and sworn in as High Court judge on May 12, 1999.
The others are Justices Habeeb Adewale Abiru, who was called to the Bar in 1985 and appointed to the High Court bench in May, 2001; Peter Olabisi Ige, sworn in as High Court judge on June 27, 2001 following his call to the Bar in 1985; Tijani Abubakar, called to bar in 1985 and sworn in as a High Court Judge in 2004; and Emmanuel Agim, who was sworn in as a High Court judge in 2008.
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