Victory for democracy as National Judicial Council nullifies removal of Benue Chief Judge

BLESSING OMALE,  SYLVESTER AKOR,  Abuja

 

The National Judicial Council (NJC) has voided the purported removal of Justice Maurice Ikpambese as the Chief Judge of Benue State, declaring the move by the Benue State House of Assembly unconstitutional.

 

In a statement released on Wednesday and signed by Soji Oye, Deputy Director of Information at the NJC, the Council emphasized that only it holds the constitutional authority to appoint or discipline judicial officers under the 1999 Constitution, as amended.

 

“The attention of the National Judicial Council has been drawn to media reports indicating that the Benue State House of Assembly has passed a resolution recommending the removal of Hon. Justice Maurice Ikpambese.

 

“Council reiterates that there are clear and unambiguous constitutional provisions regarding the appointment and discipline of judicial officers, which were not followed in this case”, the NJC said

 

While acknowledging that a petition against Justice Ikpambese was received on Wednesday morning, the NJC clarified that the allegations are yet to be investigated.

 

“Until due process is followed and the complaint is fully examined, Hon. Justice Maurice Ikpambese remains the Chief Judge of Benue State,” the statement added.

 

The Nigerian Bar Association (NBA) also condemned the Assembly’s action, warning judges in Benue State against accepting any offer to act as the Chief Judge.

 

In a strongly worded statement co-signed by NBA President, Mazi Afam Osigwe, SAN, and General Secretary, Dr. Mobolaji Ojibara, the association urged the NJC to sanction any judge who attempts to assume the role without following due process.

 

“The NJC, as empowered by Sections 153 and 271 of the 1999 Constitution, has exclusive authority over the appointment and removal of state Chief Judges.

 

“The Benue State House of Assembly’s move to recommend Justice Ikpambese’s removal without NJC involvement blatantly violates constitutional provisions”, the NBA stated.

 

The NBA accused the Assembly of either lacking understanding of the law or willfully ignoring it, particularly Section 292(1)(a)(ii) of the Constitution, which outlines the process for removing a Chief Judge.

 

“The absence of an NJC-led investigation, hearing, and recommendation renders the purported removal null and void,” the association noted.

 

Expressing concern over the undermining of judicial independence, the NBA warned that such actions erode public trust in legal institutions and threaten the separation of powers.

 

It also called on law enforcement agencies to ensure Justice Ikpambese is not harassed or obstructed from performing his duties.

 

The association further directed its branches in Benue State and all lawyers to boycott the court of any judge who accepts to serve as acting Chief Judge under the current circumstances.

 

“The NBA remains committed to defending the integrity and independence of the Nigerian judiciary.

 

“We call on the Benue State House of Assembly to immediately rescind its unconstitutional decision and follow proper legal channels through the NJC for any grievances against judicial officers. The rule of law must prevail”, the statement concluded.

 

Meanwhile, the Judiciary Staff Union of Nigeria (JUSUN) has condemned the recent removal of the Chief Judge of Benue State, Maurice Ikpambeae purportedly on the grounds that he is inciting the ongoing strike.

 

It said the Chief Justice of Benue state is not a member of JUSUN and cannot incite an action he is not part of.

 

JUSUN, in a statement signed by its National President, Marwan Mustapha Adamu, said the action by the Benue State House of Assembly is a direct attack on judicial independence and an affront to the rule of law.

 

They noted that the judiciary is an essential pillar of democracy, noting that any attempt to intimidate, coerce, or remove judicial officers for performing their duties is unacceptable.

 

According to the statement, “the allegation that the Chief Judge is inciting a strike appears to be a deliberate ploy to silence the judiciary and undermine its role in upholding justice.

 

Instead of addressing the root causes of the strike, the government has chosen to scapegoat the Chief Judge, which is a dangerous precedent for judicial officers across the country.

 

“We call on the relevant authorities to prevail on the Benue State House of Assembly to respect the constitutional provisions that guarantee the independence of the judiciary.

 

The removal of a Chief Judge should follow due process, not political interference or executive high-handedness”.

 

It urged all stakeholders, including the Nigerian Bar Association (NBA), civil society organizations, and the general public, to stand against this abuse of power.

 

It further said If such actions are allowed to stand, it will erode public confidence in the judiciary and weaken democracy.