….as NBA seeks sanction for any judge that takes over as Acting CJ
NJC overrules State Assembly, says Chief Judge remains
ABUJA– The National Judicial Council, NJC, on Wednesday, voided the removal of Justice Maurice Ikpambese as the Chief Judge of Benue State.
The Council, in a statement it made available to newsmen, stressed that the Benue State House of Assembly was bereft of the statutory powers to recommend the removal of the CJ.
It maintained that under the 1999 Constitution, as amended, only the NJC was vested with the powers to appoint or to discipline erring judicial officers.
However, the Council disclosed that it had on Wednesday morning, received a petition that was written against the embattled CJ.
It said until the petition is fully investigated, Justice Ikpambese would remain in office as CJ of the state.
The statement, which was signed by the Deputy Director of Information at the NJC, read: “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, as amended, on discipline and appointment of Judicial Officers, vested in the Council, which 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 principle of fair hearing.
“As far as Council is therefore concerned until the complaint is investigated and deliberated upon by it, Hon. Justice Maurice Ikpambese remains the Chief Judge of Benue State.”
Meanwhile, the Nigerian Bar Association, NBA, has urged the NJC to sanction any judge of the Benue State High Court that accepts to be made the acting Chief Judge of the state.
The legal body, in a statement that was co-signed by its President and General Secretary, Mazi Afam Osigwe, SAN, and Dr. Mobolaji Ojibara, respectively, maintained that Sections 153 and 271 of the 1999 Constitution, as amended, established 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 the 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 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 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,” NBA added.