The resolution by the Benue State House of Assembly directing Governor Hyacinth Alia to remove Justice Maurice Ikpambwese as the state Chief Judge is inexcusable and a breach of the Constitution.
The removal of the Chief Judge followed a petition from the state governor, Hyacinth Alia, who accused the state Chief Judge of abuse of office, tampering with the state local government election law, corruption, inciting judicial strikes, bribery and fraternising with politicians.
The assembly also recommended the swearing-in of Justice Theresa Igoche who is the next most senior judge as the Acting Chief Judge of the state.
The House of Assembly equally suspended 13 members who dissociated themselves from the removal of Justice Ikpambase.
It must be on record that the House of Assembly of any state lacks the power to remove a Chief Judge without the involvement of the National Judicial Council.
The resolution by the Benue Assembly is not only unjustifiable but violates the spirit and intent of the Constitution of the Federal Republic of Nigeria.
The removal of a judicial officer, especially one occupying the esteemed position of Chief Judge, must adhere strictly to due process as outlined in our Constitution.
Any deviation from this process is a direct affront to the rule of law and poses a significant threat to our democracy.
It is laughable for the House of Assembly of any state to purport to have the power to discuss, much less recommend, the removal of a Chief Judge without the involvement of the National Judicial Council.
It is unfortunate that the Benue State House of Assembly presumed that it had the power to remove or recommend the removal of the Chief Judge without affording him an opportunity to defend himself against the allegations leveled against him.
The lawmakers’ actions contravene constitutional provisions and undermine the foundational principles of judicial independence and the rule of law.
Such actions could set a dangerous precedent, erode public confidence in legal institutions, and threaten the separation of powers enshrined in the Constitution.
The judiciary must operate free from external pressures and threats to maintain its impartiality and effectiveness.
The 1999 Constitution outlines the processes for appointing and removing judicial officers.
Sections 153 and 271 specifically establish the NJC as the body responsible for recommending the appointment and removal of state Chief Judges.
The Constitution gives the NJC the exclusive power to exercise disciplinary control over judicial officers, ensuring that any allegation of misconduct is thoroughly investigated and decided upon to maintain the integrity and independence of the judiciary.
In this case, the Benue State House of Assembly has exhibited an ignorance of our constitutional provisions and trampled on the constitutional safeguards against such actions.
The lawful procedure for removing a Chief Judge is expressly provided for under Section 292(1) (a) (ii) of the Constitution to be that “The NJC must first investigate any allegations against the Chief Judge and, where necessary, make a formal recommendation for removal to the Governor.
Upon receiving a valid recommendation from the NJC, the Governor may act on the recommendation, and the removal must be confirmed by a resolution of at least two-thirds of the members of the State House of Assembly.”
“The lawmakers must note that the absence of an NJC investigation, hearing, and recommendation has rendered the purported removal of Justice Ikpambwese unconstitutional, null, and void.”
The lawmakers must note that the absence of an NJC investigation, hearing, and recommendation has rendered the purported removal of Justice Ikpambwese unconstitutional, null, and void.
We call on all our elected officials to desist from arbitrary and unconstitutional actions that may jeopardize the sanctity of the judiciary.
It is important for the law enforcement agencies, particularly the Nigeria Police Force and the Department of State Services, to ensure that Justice Ikpambwese is not hindered in performing his constitutional duties.
We also implore all judges of the Benue State High Court to resist any attempts to assume the position of an Acting Chief Judge, because no vacancy exists in that office.
The Nigerian Bar Association must equally direct its branches in the state and all lawyers to boycott the court of any judge who accepts the role of an Acting Chief Judge.
The NJC should also sanction any judge who violates this directive.
The three arms of government and all Nigerians must remain steadfast in their commitments to defend the integrity and independence of the Nigerian judiciary.
Nigerians must not relent in their efforts to ensure that the rule of law prevails and that all actions by governmental bodies are conducted within the ambit of the Constitution.
The arbitrary removal of judicial officers without adherence to due process is unacceptable and must be met with unwavering opposition from the legal community.
The Benue State House of Assembly should immediately rescind its unconstitutional decision and follow proper channels through the NJC for any grievances or allegations against the Chief Judge or any judicial officers.
It must be noted by everybody that upholding the rule of law is the bedrock of a just and equitable society.
Any actions to the contrary will make a mockery of the oaths of office sworn by public officials.
