Outrage has continued to greet yesterday Monday's refusal by the Chief Justice of Nigeria, Justice Maryam Alooma-Mukhtar to swear in Justice Ifeoma Jombo Ofo into the Court of Appeal on the basis of her inter-state marriage, just as it emerged that the National Judicial Council, NJC, duly approved her appointment.Justice Maryam Alooma-Mukhtar While eminent lawyers and legislators condemned the development, it emerged that the NJC actually approved Justice Jombo-Ofo's appointment as a replacement for the South-East geopolitical zone and not necessarily as a nominee of Abia State.
Human rights activist and legal luminary, Femi Falana (SAN) as well as International Law expert, Prof. Itse Sagay have spoken on the issue.
According to Femi Falana, "As soon as the appointment was made by President Goodluck Jonathan in line with Section 238(2) of the Constitution of the Federal Republic of Nigeria, 1999, the former High Court judges became Justices of the Court of Appeal in line with the Supreme Court decision of Ogbuyiga v. Okudo (1979) 1 All NLR. Having not been removed as a Justice of the Court of Appeal by the appointing. authority, the refusal of the Chief Honourable Justice to administer the oath of office on the Honourable Justice Ifeoma Jumbo-Ofo cannot be justified in law.
"Since the appointment of the Honourable Justice Ifeoma Jombo-Ofo has not been validly set aside, she should not have been subjected to any embarrassment on the basis of a belated petition that sought to challenge the appointment on the ground that she is not an indigene of Abia State. In other words, the petition ought to have been disregarded as it violates section 42 of the Constitution which has prohibited discrimination arising from circumstances of birth or sex.
"May we remind those who are opposed to the appointment of the Honourable Justice Ifeoma Jumbo-Ofo of the case of Augustine Mojekwu v. Caroline Mojekwu (1997) 7 NWLR (PT 512) 283 where Tobi JCA (as he then was) held inter alia: "All human beings – male and female- are born into a free world and are expected to participate freely, without any inhibition on grounds of sex, and that is constitutional. Any form of societal discrimination on grounds of sex, apart from being unconstitutional, is antithesis to a society built on the tents of democracy which we have freely chosen as a people.
"In the light of the foregoing, the Honourable Chief Justice of Nigeria should swear in the Honourable Ifeoma Jombo-Ofo without any further delay in the interest of justice and fair play."
"Since the appointment of the Honourable Justice Ifeoma Jombo-Ofo has not been validly set aside, she should not have been subjected to any embarrassment on the basis of a belated petition that sought to challenge the appointment on the ground that she is not an indigene of Abia State. In other words, the petition ought to have been disregarded as it violates section 42 of the Constitution which has prohibited discrimination arising from circumstances of birth or sex.
"May we remind those who are opposed to the appointment of the Honourable Justice Ifeoma Jumbo-Ofo of the case of Augustine Mojekwu v. Caroline Mojekwu (1997) 7 NWLR (PT 512) 283 where Tobi JCA (as he then was) held inter alia: "All human beings – male and female- are born into a free world and are expected to participate freely, without any inhibition on grounds of sex, and that is constitutional. Any form of societal discrimination on grounds of sex, apart from being unconstitutional, is antithesis to a society built on the tents of democracy which we have freely chosen as a people.
"In the light of the foregoing, the Honourable Chief Justice of Nigeria should swear in the Honourable Ifeoma Jombo-Ofo without any further delay in the interest of justice and fair play."
Professor Itse Sagay, SAN said, "I am very unpleasantly surprised. It is a narrow minded conduct. Where the person is working is where the person is contributing. It is very shocking, primitive, backward, uncivilized and totally unacceptable.
"I have a high regard for the Chief Justice of Nigeria, CJN, but her conduct has shaken my confidence in her."
"I have a high regard for the Chief Justice of Nigeria, CJN, but her conduct has shaken my confidence in her."
