If the principle of checks and balances must be seen to effectively operate in our democracy, then the Judiciary must become truly independent like the other arms of government.

In the Nigeria of today, only the Executive and the Legislature are seen to be practically independent. The Judiciary in my candid view, remains somewhat subservient to the whims of the Executive and the caprices of the Legislature, albeit to some extent, imposed by statute.

For the Judiciary to attain complete independence in Nigeria, we must rethink our constitutional jurisprudence with respect to appointment of Judges/Judicial officers. Such legislative innovation is needed to address this unabating conundrum right from its root. Our laws should be adjusted to allow the Judiciary conduct it’s affairs, including the appointment of judicial officers and heads of courts without Executive meddlesomeness. The NJC can be more empowered by law to make this happen.

Hon. Justice Akon Ikpeme’s case, once again brings to the fore, the rising cases of Executive rascality and disrespect for the Judiciary in Nigeria. Several cases abound, germaine amongst which is the Onnoghen’s case, a former CJN. In the Onnoghen’s case, the Executive usurped the constitutional powers of the National Judicial Council (NJC) and without recourse to the laid down constitutional procedure, removed a sitting CJN, citing an order of the CCT.

The case of Hon. Justice Akon Ikpeme is another exposure of the ills of our rather contrived constitutional jurisprudence. There’s simply no effective policy of Checks and balances where the Executive arm capriciously appoints the head of the judicial arm. There is no independence where the Executive arm can order the arrest, harrassment and detention of a judicial officer without recourse to laws and laid down rules.

Making matters worse in the case at hand, the Cross River State legislature, who from the chronology of events, were perhaps acting the Executive’s script, denied her Ladyship’s confirmation upon frivolously outrageous and condemnable grounds, placing tribal and ethnic sentiments above character and competence. Such parochial reasoning of the Honourable members of parliament is a brazen assault to the constitution they swore to defend. Their action is void by virtue of particularly Section 42 of the Constitution of the Federal Republic of Nigeria.

In the Onnoghen’s case, the Executive muscled and silenced the Judiciary. The NBA strove to save the situation but lawyers were divided along political and ethnic lines, thence the centre could not hold. Some of us were physically assaulted in attempt to enforce NBA court boycott order at the court of Appeal in Portharcourt, even in facie curiae. The Onnoghen case has emboldened some governors to exert more unholy control over the state Judiciary. I am most saddened that the current agitation may soon die down, like the past, if the Bar and the judiciary fail to be more resolute and resilient in this struggle.

I stand with the Nigerian Bar Association’s position on this and call on every well meaning lawyer to support the NBA in this arduous task of promoting the Rule of Law in our polity. I call on the Government of Cross River State to retrace her ugly step and rescind her decision in the interest of justice.

Needless, I remind the Governor of Cross River State and members of the State Legislature that the current Chief Judge of Rivers State, Hon. Justice Iyayi Lamikanran is neither from Rivers State, nor married to a Rivers man, but by dint of hardwork, character and competence, she is today the Chief Judge of the State. I must commend the Rivers State government for such detribalised governance, while I urge the Cross River State counterpart to emulate Rivers.

This injustice MUST NOT STAND!
#IstandwithJusticeIkpeme

#thefuturestartsnow

Okey Leo Ohagba.
Past NBA 1st Assistant General Secretary.