The
National Judicial Council, NJC, after an emergency meeting in Abuja
yesterday, persuaded the Chief Justice of Nigeria, CJN, Justice
Mariam Aloma Muhktar, to rescind her decision and swear-in Justice
Ifeoma Jombo-Ofor to the Appeal Court Bench.
The council, which has former CJNs and ex-Presidents of the
Court of Appeal and Nigerian Bar Association as members, regretted
that the issue “has generated so much controversy in Nigeria,
especially in the print and electronic media.”
The
CJN had on November 5, declined to swear-in Justice Jombo-Ofor
alongside 11 other newly appointed Justices of the Appeal Court,
following a petition challenging the state of origin declared by the
judge, who was nominated under a slot reserved for Abia State.
Investigations had revealed that the CJN
decided to step-down her swearing-in following agitation from some
quarters that going by the prevailing judicial policy in the country;
she was not qualified to represent Abia State on the appellate court
bench.
The petitioners had contended that though Justice Jombo-Ofor is
currently serving under the Abia State judiciary, she lacked the
requisite locus to take a slot meant for the state since she was
originally from Anambra State, notwithstanding the fact that she is
married to a man from Abia State.
The embattled judge, who was asked to vacate the row reserved for
the new justices shortly before the swearing-in ceremony was
conducted, was said to have transferred her service from Anambra to
Abia State after her marriage, and has served in the Abia State
judiciary for over 14 years.
She is currently the Chief Judge of the State.
CJN not happy with Senate
Meanwhile, a source who attended the meeting, yesterday, told
Vanguard that the CJN, while conceding to administer oath of
office on Justice Jombo-Ofor, however expressed her displeasure over
the way the Senate dabbled into the matter and issued a resolution
without deeming it fit to hear her own side of the story.
It would be recalled that the Senate had after its deliberations
on November 7, ordered the CJN swear-in Justice Jombo-Ofor without
further delay.
While debating on a motion moved by the Deputy Senate President,
Ike Ekweremadu and 107 others, the President of the upper legislative
chamber, David Mark, described the decision of the CJN as unfortunate
and endangering the sanctity of marriage.
Disclosing the decision of the CJN swear-in Justice Jumbo-Ofor,
yesterday, the NJC, in a statement signed by its Deputy Director of
Information, Mr Soji Oye, maintained that “the Senate of the
Federal Republic of Nigeria had, without any consultation with the
Chief Justice of Nigeria, who is also the Chairman of the National
Judicial Council, proceeded to pass a Resolution on November 7,
2012, to the following effect:-
“(a) That the Senate urged the Chief Justice of Nigeria to
swear-in Honourable Justice Ifeoma Jombo-Ofo as a Justice of the
Court of Appeal; and
“(b) That the Senate urged all Government Employing Agencies to
note in terms of employing a married woman, shall lay claims to her
State of origin and that of her husband in relation to the Federal
Character Regulations.
“That the binding principles and formulae for the Distribution
of all Cadres of Posts (S.I.23 of 1997) provide in Part II, Section 2
as follows:-
“A married woman shall continue to lay claim to her State of
origin for the purpose of implementation of the Federal Character
formulae at the National level.
“That the Honourable Chief Justice of Nigeria and Chairman of
the National Judicial Council had by letter dated November 5, 2012,
duly written to Dr. Goodluck Ebele Jonathan, President of the Federal
Republic of Nigeria, to inform His Excellency of the matter of
Honourable Justice Ifeoma Jombo-Ofor and the fact that she was not
sworn-in on November 5, 2012, would be tabled before the National
Judicial Council.
“That the Federal Judicial Service Commission and the National
Judicial Council, being Federal Executive Bodies established in
pursuance of Section 153(1(i) of the 1999 Constitution of the Federal
Republic of Nigeria, are bound and obliged to observe and obey the
provisions of the Constitutional Law of the Federal Republic of
Nigeria, including the Federal Character Commission Act.
“That the Senate of the Federal Republic of Nigeria is also
bound and obliged to observe and obey the stipulations of the
Constitution and Laws of the Federal Republic of Nigeria, including
the Federal Character Commission Act; without prejudice to the
undisputed power of the National Assembly to amend and\or repeal the
said Act.
“That the Chief Justice of Nigeria and Chairman of the National
Judicial Council must be commended for exercising sufficient caution,
diligence and maturity in the matter, especially in the light of the
documents, materials and other information available to her, and for
taking the decision to put on hold the swearing-in of Justice Ifeoma
Jombo-Ofor as a Justice of the Court of Appeal, to await a Meeting of
the National Judicial Council to review the matter in all its
ramifications.
“And after full and dispassionate deliberations on the matter,
council unanimously decided that Justice Ifeoma Jombo-Ofor be
sworn-in as a Justice of the Court of Appeal.”
NJC silent on Salami
Meantime, the council, yesterday, was silent on the prolonged
suspension of the embattled President of the Court of Appeal, Justice
Ayo Isa Salami, who has reportedly been mandated to withdraw all the
suits he filed in court with a view to regaining his position for a
period of three-months after which he will proceed on compulsory
retirement with full benefits.