The National Judicial Council (NJC) has overruled suspension of the Benue Chief Judge even as the legislative body is in disarray after a group of lawmakers, including the speaker, suspended 13 of their colleagues for backing out of a decision to suspend the head of the jusiciary in the state, Justice Maurice Ikpambese.
In a statement on Wednesday the NJC said Ikpambese remains the state’s chief judge until the complaints brought against the chief judge are investigated and deliberated upon by the council.
“The attention of the National Judicial Council has been drawn to a certain media report to the effect that the Benue State House of Assembly has purportedly passed a Resolution recommending the removal of the State Chief Judge, Hon. Justice Maurice Ikpambese from office.
“Unfortunate as this development is, Council wishes to reiterate that there are clear and unambiguous provisions of the Constitution of the Federal Republic of Nigeria, 1999 on discipline and appointment of Judicial Officers vested in the Council, which clearly are not adhered to in the instant case.
“Although, the Council had this morning received a petition against Hon. Justice Maurice Ikpambese, that petition is yet to be investigated in line with Council’s investigation procedure and the principles of fair hearing.”
The suspended 13 members of the State assembly met after the plenary session that suspended Ikpambase to wash their hands off the suspension, describing it as unconstitutional and a breach of democratic principles.
But the Nigerian Bar Association (NBA) has also fought back insisting that the removal of the Chief judge is a brazen assault on the constitution
In a statement on Wednesday, It called on the National Judicial Council (NJC) to sanction any judge of the High Court who accepts to be Acting Chief Judge.
The lawmakers has asked that the high court that is next in line should take over Ikpambase’s job.
At a Wednesday emergency plenary in Makurdi, the Benue State capital, the angry group of lawmakers imposed a three-month suspension on the 13, accusing them of dishonourable conduct that could disrupt the Assembly’s unity.
According to Speaker Hyacinth Dajoh those suspended are Mr. Anyor Mato (Kwande East), Mr. Manger Manger (Tarka), Mr. Solomon Gyila (Gwer West), Mr. Samuel Agada (Ogbadibo), Mr. Abraham Jabi (Buruku) and Mr. Ezra Nyiyongo (Ukum), Mr. Douglas Akya (Makurdi South), and Mr. Jonathan Agbidye (Katsina-Ala East).
Others include Mrs. Beckie Orpin (Gboko East), Mr. Simon Gabo (Ushongo-Mata), Mr. Williams Ortyom (Agasha), Mr. Onah Blessed (Oju 1) and Mr. Elias Audu (Gwer East).
They were said to have included those who initially voted for the Chief Judge’s removal, later denied supporting the decision in a press conference.
The Majority Leader, Saater Tiseer, disclosed that 23 of the 31 members present had voted in favour of removing the Chief Judge after a thorough investigation into allegations of misconduct.
The NBA , in a statement by Mazi Afam Osigwe, SAN, its President, and Dr. Mobolaji Ojibara, its General Secretary, the lawyers group stated: “The Nigerian Bar Association views with contempt the purported resolution passed by the Benue State House of Assembly directing Governor Hyacinth Alia to remove the Chief Judge, Honourable Justice Maurice Ikpambwese, from office. The resolution is not only unjustifiable but violates the spirit and intendment 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 the Chief Judge of a State without the involvement of the National Judicial Council (NJC). The judiciary must operate free from external pressures and threats to maintain its impartiality and effectiveness. We remind all arms of government that respect for constitutional provisions is not optional but mandatory. Upholding the rule of law is the bedrock of a just and equitable society, and any actions to the contrary are tantamount to a mockery of the oaths of office sworn to by our public officials.
“The 1999 Constitution clearly stipulates the processes for appointing and removing judicial officers. Specifically, Sections 153 and 271 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 of exercising disciplinary control over judicial officers, by ensuring that any allegation of misconduct is thoroughly investigated and decided to maintain the integrity and independence of the judiciary.
“By purporting to have power to consider allegations of financial impropriety and abuse of office against the Chief Judge as well as recommending his removal, the Benue State House of Assembly exhibited crass knowledge of the provisions of the Constitution in that regard and clearly evinced an intention to trample on the Constitutional guardrails against such bad behaviour. It is disheartening that the Benue State House of Assembly does not know or pretends not to know that the process for the removal of a Chief Judge of a state is expressly provided for under Section 292(1)(a)(ii) of the Constitution. The lawful procedure requires:
“The removal must be confirmed by a resolution of at least two-thirds of the members of the State House of Assembly.
“The absence of an investigation, hearing and recommendation from the NJC renders the purported removal of Hon. Justice Maurice Ikpembese unconstitutional, null, and void. It is indeed, sad that assuming that the Benue State House of Assembly has power to remove or recommend the removal of the Chief Judge, it would purport to do so without affording him an opportunity to defend himself against the weighty allegations against him.
“The Benue State House of Assembly has not only contravened constitutional provisions but has undermined the foundational principles of judicial independence and the rule of law. Such actions set a dangerous precedent, eroding public confidence in our legal institutions and threaten the separation of powers enshrined in our Constitution.
“NBA urgently calls upon all elected officials to desist from arbitrary and unconstitutional actions that jeopardize the sanctity of our judiciary. We also call upon all law enforcement agencies, particularly the Nigeria Police Force and Department of Security Services, to ensure that the Chief Judge, Honourable Justice Maurice Ikpambwese, is not in way prevented from discharging the powers and functions of his office. It is imperative that the Chief Judge is protected from any form of harassment, intimidation or hindrance that may impede his ability to perform his constitutional duties.
“We strongly advise all judges of the High Court of Benue of State to resist any temptation to accept any filthy offer to act as Chief Judge of the State as no vacancy exists in that office. The Branches of NBA in Benue State and all lawyers are hereby directed to boycott the court of any judge of the Benue State High Court who accepts to act as the Chief Judge of the State.
“NBA also calls on the National Judicial Council to sanction any judge of the Benue State High Court who accepts to be made the acting Chief Judge of Benue State.
“NBA stands firm in its commitment to defend the integrity and independence of the Nigerian judiciary. We will not relent in our 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 will be met with unwavering opposition from the legal community. Therefore, we call on the Benue State House of Assembly to immediately rescind its unconstitutional decision and follow the proper channels through the NJC for any grievances or allegations against judicial officers. The show of shame must stop.”
On Tuesday, the state lawmakers announced the suspension the Chief Judge for alleged misappropriation and mismanagement of the budgetary allocation and finances of the state Judiciary.
This followed a motion moved by the Majority Leader, Mr Saater Tiseer, during plenary session in Makurdi.
The motion was seconded by Mr Peter Ipusu (APC/Katsina-Ala West), who stated that the motion was apt and timely.
Tiseer alleged that Ikpambese had been engaging with politicians and political office holders for favourable judicial outcomes.
He claimed that such action was indirect participation and incitement of industrial actions against the state executive.
The majority leader accused the chief judge of acts of bribery and corruption, alleging that he gave undue favouritism by insisting that his cronies held unmerited judicial positions.
He further accused him of abuse of office by issuing a directive to overturn the Benue State Electoral Law which was duly passed by the state legislature and assented to by the governor of the state.
Ruling, the Speaker, Mr Hyacinth Dajoh, directed the immediate swearing-in of the next-in-line in state Judicial Officer as the Acting Chief Judge of Benue State.
Dajoh stated that the complaint against Ikpambese would be forwarded to the National Judicial Council (NJC) for an honest, independent, hitch-free, transparent and diligent investigation into the allegations.
He said that council would look into the abuse of his office as a Judicial officer, demonstrated by his confrontational disregard for the laws enacted by the state legislature and the financial infractions.
