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OLUKUNLE EDUN & ORS.
V.
THE SPEAKER, CROSS RIVER STATE & ORS.

(2020) JELR 112903 (CA)

Court of Appeal 2 Dec 2020 Nigeria
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- Following the retirement of the Chief Judge of Cross River State, Hon. Justice Akon Ikpeme, the most senior judge, was appointed Acting Chief Judge, underwent National Judicial Council (NJC) recommendation, but was denied confirmation by

Case Details

Suit Number:CA/C/195/2020
Judges:MOJEED A. OWOADE (PJ), JCA HAMMA AKAWU BARKA, JCA MUHAMMED LAWAL SHUAIBU, JCA
Counsel:Chief Ferdinand Oshioke Orbih, SAN, appears with Daniel Kip Esq. for the Appellants. Tanko Ashang (AG) with Ikoi E. Ikona, Director Civil Appeals, Cross River State for the Respondents.
Location:Calabar

HAMMA AKAWU BARKA, JCA (Delivering the Leading Judgement): The instant appeal arose as a result of the judgment of the Federal High Court, sitting in Calabar, quorum; S. A. Amobeda J in suit FHC/CA/FHR/31/2020 delivered on the 8th day of April, 2020. By the said decision, the trial court conclusively held that:

“From all I have said above, I am therefore unable to agree with Learned Counsel for the applicants that the non confirmation of Justice Akon Ikpeme as Chief Judge of the Cross River State was due to the fact that she is not an indigene of Cross River State, and therefore an infraction on her fundamental right to freedom from discrimination guaranteed under section 42 (1) of the Constitution of the Federal Republic of Nigeria 1999 as amended. Thus the applicants have not been able to satisfactorily establish their claim that the fundamental right of Justice Akon Ikpeme was in any way breached by the respondents in this suit.”

The facts that germinated the instant appeal arose whe…

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