As Mixed reactions continue to trail the non confirmation of Justice Beatrice Iliya as Gombe State Chief Judge after the swearing-in of Justice Muazu Abdulkadir Pindiga as acting Chief Judge of the by Governor Muhammad Inuwa Yahaya, an uneasy calm now pervades the Judiciary following a peaceful protest by hundreds of female lawyers who took to the streets of Gombe demanding for immediate action.
It was observed that while the swearing-in ceremony of Justice Muazu Pindiga was going on inside the Executive Chamber of the Gombe Government House after the expiration of Justice Beatrice Iliya’s three months in acting capacity, Gombe State chapter of the the International Federation of Women Lawyers (FIDA), were at the entrance of the Government House, protesting her non confirmation by the Governor.
In a swift reaction to the development, FIDA stood with their protest placards bearing injustice and victimisation against women and adding that the process was shrouded in mystery as FIDA members who are also stakeholders were not aware.
While briefing journalists on the development, the FIDA chairperson in Gombe, Mrs Elizabeth Jalo-Okotie said that the Governor’s action was against the constitutional provision of the law because Justice Beatrice remains the most Senior Judge in Gombe State Judiciary.
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According to her, an acting Chief Judge can only be removed on the grounds of incompetence alone, adding that the swearing-in of Justice Muazu Pindiga was an act of discrimination against women because Justice Beatrice iliya was still competent and being the most senior Judge at the moment.
While Quoting from section 271 of 1999 of Nigeria’s constitution, subsection 4, she said, “it provides that the Governor can only swear in a CJ if the seat is vacant or the incumbent cannot be able to perform”.
She further said, ” There is no reason whatsoever to swear in another CJ when an incumbent CJ is there and there is no allegation over her that she has not been able to perform”.
She added that “Rule 26 subsection 2 of our rules of professional ethics provides that there is seniority at the Bar, even one hour is very important. So if a number one CJ is there, there is no reason why somebody can go against the rule and bring in somebody from the back and impose on top of the sitting CJ”.
She had earlier stressed that “We are here this afternoon to register our protest against flagrant disobedience to the constitution and to the rules of our professional ethics”.
But reacting differently, the Gombe State Chairman of the Nigeria Bar Association (NBA), Haruna Yelma who directed Journalists to his Vice, Abdullahi Abubakar Kumo, said the Governor’s action was constitutional bearing in mind that, “Whenever the office is vacant, the office cannot be left without somebody to man the affairs of the office. So, the constitution makes provision for acting to be given to the most senior Judge in the acting capacity for not more than three months, subject to confirmation”.
He said, ” Once you are not confirmed as the substantive CJ, there is no provision for renewal in the acting capacity, the next person or any other person the Governor chooses can be given the office to act in that capacity until a substantive one is appointed to fill the gap”.
Asked if Justice Muazu Pindiga is later confirmed as the substantive CJ, whether Justice Beatrice Illiya will resign since Pindiga is her junior in the ranking of their professional ethics, Barrister Kumo said, “you wait until then, I don’t know what will happen tomorrow. What the Governor did was constitutional and in tandem with the law”.
In a swift reaction to the development, Gombe State Government has cleared the air that the Governor, Inuwa Yahaya only approved the appointment of the next most Senior High Court Judge as new Acting Chief Judge.
A statement by Ismaila Uba Misilli, Senior Special Assistant on Media and Publicity to the Governor contained that the appointment was a sequel to the expiration of the 3 months’ constitutional term for acting appointment of the former Acting Chief Judge, Beatrice Iliya.
The statement also contains that, “It should be noted that the Governor has no power to extend her acting capacity period without the recommendations of the National Judicial Council. And the NJC has not made that recommendation up to the end of the three months acting period”.
“The Constitution states emphatically that the Governor shall not re-appoint a person whose term has lapsed without the recommendation of the NJC. It should also be noted that the Governor did not receive any request as required by section 271 substation 5″, the statement further contained.
While quoting the section as stating that: Except on the recommendation of the National Judicial Council, an appointment pursuant to subsection (4) of this section shall cease to have effect after expiration of three months from the date of such appointment and the Governor shall not re-appoint a person whose appointment has lapsed” the statement stated that the Governor acted in good faith and in line with the Constitution of the Federal Republic of Nigeria, 1999 as amended.
“And for those alleging gender discrimination, they should be fair to the Governor and recall that when the former CJ, Justice Hakila Heman retired, it was the same Governor Inuwa Yahaya that appointed Justice Beatrice Iliya as acting CJ being the next most Senior high Court Judge. Besides, the appointment of a woman to the exalted position of CJ is not new to Gombe state. Justice Zainab Bulkachuwa served as CJ before her move to the Federal judiciary”, the government stressed.
The statement concluded that “Governor Yahaya is a respecter of the rule of law and the sanctity as well as the independence of the judiciary and all arms of government”.
It will be recalled that last Wednesday, Gombe state Governor, Muhammadu Inuwa Yahaya sworn in Justice Justice Muazu Abdulkadir Pindiga as the new Acting Chief Judge a development that did not go down well with a section of the state who alleged unfairness in the appointment insinuating that it had gender and religious undertone.
Those not happy with the development even threatened to petition the NJC to act immediately to correct the wrong done to Justice Beatrice Iliya who they said remains the most senior High Court Judge in the state and should be considered for the substantive appointment as the Chief Judge of the state.
Feelers also have it that the Governor’s action is also said to be raising some dust from the Southern part of the State popularly called Tangale/Waja, where Justice Beatrice hails from.
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