It is sad to note that lawmakers and in this case the Benue State House of Assembly will pass a resolution directing Governor to remove the Chief Judge of Benue State, Honourable Justice Maurice Ikpambwese, from office.
The resolution is a slap in the face of due process and makes a mockery of the constitution of the Federal Republic of Nigeria.
The constitution makes provision for the removal of a judicial officer, and in this case the Chief Judge of a state, which must be strictly followed.
Anything outside of this is a direct confrontation with the rule of law and a danger to our democracy.
For the avoidance of doubt, the House of Assembly of any State does not have the power to discuss, talk more of recommending the removal of the Chief Judge of a State without the involvement of the National Judicial Council (NJC). There are various court decisions on this.
This has to be the procedure so that the Judiciary can maintain its impartiality in the discharge of its duties. Doing otherwise is an attempt to pocket The judiciary, which must operate free from external influence and threats.
A society which does not have regards for the rule of law is inviting chaos and a breakdown of law and order and we do not wish that for our dear state.
The 1999 Constitution of the Federal Republic of Nigeria (as amended), specifically in Sections 153 and 271 establish the National Judicial Council, NJC as the body responsible for recommending the APPOINTMENT and REMOVAL of state Chief Judges. It vests the power exclusively in the NJC to exercise 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.
Anyone who thinks they have power to consider allegations of financial impropriety and abuse of office against the Chief Judge as well as recommending his removal, apart from the NJC, in this case the Benue State House of Assembly is living in ignorance and exhibits lack of knowledge of the provisions of the Constitution over this subject matter.
If the Benue State House of Assembly does not know this process as expressly provided for under Section 292(1)(a)(ii) of the Constitution, then they should quietly resign and go home.
For the avoidance of doubt, the lawful procedure requires:
1. The NJC must first investigate any allegations against the Chief Judge and, where necessary, make a formal recommendation for removal to the Governor.
2. Upon receiving a valid recommendation from the NJC, the Governor may act on the recommendation.
3. The removal must be confirmed by a resolution of at least two-thirds of the members of the State House of Assembly.
There has been no investigation, hearing and recommendation from the NJC and this renders the purported removal of the Hon. Justice Maurice Ikpembese unconstitutional, null, and void.
Strangely, the said petition was allegedly sent to the house by the Attorney General of Benue State who should know the right procedure for the removal of a chief judge but opted to take the backdoor. This only tells us that the state Government under Fr Alia is actively involved in this coup in order to destabilise the Judiciary in the state.
Even if the Benue State House of Assembly has power to remove or recommend the removal of the Chief Judge, they must not do that without first giving him an opportunity to defend himself against the allegations leveled against him.
They fall foul to one the pillars of natural justice (audi alteram partem) by not hearing from the Honourable Chief Judge of Benue State. The maxim simply means, “PLEASE HEAR THE OTHER SIDE!!!”
No one should be allowed to temper with the independence of the judiciary and the rule of law.
If this abberation is allowed to stand, tomorrow every government that comes in will bring it’s Chief judge in its pocket and bring trumped up charges to suspend or remove the legitimate and current occupier of that office.
The BENUE STATE NATIONAL ASSEMBLY LEGISLATIVE AIDES FORUM, BENNASSLAF therefore frowns at this assault on the Judiciary, and call on the Benue State Judiciary as well as well meaning Nigerian to resist this move by the Alia government to destroy democracy in Benue state. We call on the law enforcement agencies to protect Hon Justice Maurice Ikpambese and the Benue State Judiciary from hawks who want to take over this arm of government and allow him perform his duties to the people Benue State.
The sanctity of the judiciary must not be tempered with because it is the last hope of the common man.
We stand with the Benue State Judiciary and the Honourable Chief Judge, Justice Maurice Ikpambese.
The Benue State House of Assembly in suspending the 13 members who had a dissenting view shows how undemocratic they are. It is trite that every member of the legislative house has a right to express their view over issues raised on the floor of the house, but the speaker of the Benue State house of assembly have decided to suspend those who expressed their reservation on this show of shame.
Every well meaning Nigerian should rise in condemnation of this charade.
Comrade Norgba Orvave
Chairman, BENNASSLAF
