Thursday, November 8, 2012

Senate asks CJN to swear in Jombo-Ofo


THE Upper Chamber of the National Assembly yesterday, described the refusal of the Chief Justice of Nigeria (CJN), Justice Aloma Murthar to administer oath on Justice Ifeoma Jombo-Ofo as a Justice of the Court of Appeal as an unfortunate mistake,  describing her action as capable of destroying the sanctity of marriage.

The President of the Senate, David Mark who presided over the day's plenary  said, "if it is true that the CJ is acting on the protest or petition against Jombo’s appointment, then she is crying more than the bereaved.

The Senate, therefore, unanimously asked the CJN to immediately swear-in the new Justice of the Court of Appeal, Jombo-Ofo.

The resolution was sequel to a motion raised by the Deputy Senate President, Ike Ekweremadu and co-sponsored by all the Senators titled, "Refusal of Chief Justice of Nigeria to administer Judicial Oath on Justice Jombo-ofo"

The CJN had declined to swear in Justice Ifeoma Jombo-Ofo as Judge of Abia State Court of Appeal following petitions that she is not from the state, in spite of her marriage to her husband who is an indigene of the state.

The Senate President, while describing the refusal to swear in Justice Jumbo-Ofo as a mistake, asked the CJN not to cry more than the bereaved, Abia state.

"If there is anything good in the husband's place and the wife can't take it, then I think it is unfortunate. But more importantly the sanctity of marriage will be destroyed by this act if we allow it to go.

"I believe we want to encourage professional women to maintain their profession and keep their marriage. Because this will provide for them to choose between their profession and their marriage and I think that will not encourage family life in this country.

"I think the whole thing is a fait accompli because they have gone through the entire process, there is nothing left again. Swearing in is just ceremonial and if these issues were not raised before and only at the point of swearing in and to appease those who have petitioned or whether it is done because she is not from the husband's state of origin is immaterial, I think she ought to have been sworn in.

"More importantly I think the judiciary will be crying louder than the bereaved because Abia state is not complaining.

The governor was there, so why should anybody come and say she is taking Abia slot because that is what it means in effect if she was not sworn in.

"We should do whatever we can to ensure that she is sworn in. This will make us think twice about the over-emphasis on indegenship and place of origin. This brings that to the fore.

"If you are resident in a place why can't you take appointment there. But particularly on this issue, I think it is just a mistake and that the mistake will be corrected."

Briefing newsmen after the plenary, the spokesman of the Senate, Eyinnaya Abaribe said should the CJN refuse to swear in Justice Jumbo-Ofo, "we don't have to draw lines.

"We don't feel that the cooperation that we have enjoyed with the judiciary will be tested by this. CJN being reasonable and part of our leadership will take due cognizance of our views" he said.

Leading the motion, Ekweremadu observed that "there is no record of any objection to her appointment by her husband, Abia State Government or Abia State Judiciary.

He added that  “the practical implication of the decision of the Chief Justice of Nigeria is that Nigerian women have lost all they struggled for over the years and Nigeria will be taken back 100 years.

"And that once a woman is married outside her community, local government area or State she cannot aspire to any position (appointive or elective) in her husband's community, local government area or state.

"While it is very unlikely that she will secure such position in her place of origin since she has been married out, that this scenario put Nigerian women in very hopeless situation and most importantly contravenes S.42 (1) of the constitution of the Federal Republic of Nigeria 1999 (as amended)

"Take special notice that there are abundant instances of women who have taken judicial appointment, also executive and legislative positions from the states of origin of their husband.

Contributing, the Senate Leader, Senator Victor Ndoma Egba, described the scenario as retrogressive, adding that it was unfortunate especially at a time a woman is the CJN. He stressed that the refusal was just not discriminatory but unconstitutional towards women.

He highlighted that as far as the President has appointed Justice Jumbo-Ofo, the CJN's role of swearing her in is perfunctionary, adding "as far as I am concerned she is Judge of the Appeal Court."

He said the implication of the action of the CJN on the judiciary is that it limits the judiciary to mediocrity and threatens the sanctity of marriage as it puts career minded women in a position where they have to choose between their career and marriage.

In her position on the matter, Senator Zainab Kure noted that the female senators had agreed not to comment on the matter, however, congratulated her male colleagues for their solidarity on the matter, therefore calling on the CJN to swear in Justice Jumbo-Ofo accordingly.

Senator Uche Chukwumerije said it was "ironic that under the captainship of a female CJN a woman would suffer the severest and most crude rebuke."
The Compass

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