The Nigerian Bar Association (NBA) has strongly condemned the purported removal of Chief Judge, Justice Maurice Ikpambwese, following a resolution by the Benue State House of Assembly directing Governor Hyacinth Alia to remove him.
NBA in a statement signed by its President, Mazi Afam Osigwe, SAN, and General Secretary, Dr. Mobolaji Ojibara,
described the move as a “brazen assault on the Constitution” and a grave threat to the rule of law.
The Association also condemned the Assembly’s action as “unjustifiable” and a clear violation of the constitutional provisions for the removal of judicial officers.
“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 statement read. “The judiciary must operate free from external pressures and threats to maintain its impartiality and effectiveness.”
The NBA emphasized that the 1999 Constitution, specifically Sections 153 and 271, designates the NJC as the sole body responsible for recommending the appointment and removal of state Chief Judges. They highlighted that the process outlined in Section 292(1)(a)(ii) of the Constitution mandates an NJC investigation, recommendation to the Governor, and subsequent confirmation by a two-thirds majority of the State House of Assembly.
The NBA contends that the Benue State House of Assembly has demonstrated “crass knowledge” of the Constitution by proceeding without NJC involvement and without affording Justice Ikpambwese an opportunity to defend himself against allegations of financial impropriety and abuse of office.
“The absence of an investigation, hearing and recommendation from the NJC renders the purported removal of Hon. Justice Maurice Ikpembese unconstitutional, null, and void,” the statement declared.
The NBA also expressed deep concern over the potential for the Assembly’s actions to undermine judicial independence and erode public confidence in the legal system. They called on all elected officials to “desist from arbitrary and unconstitutional actions” and urged law enforcement agencies, including the Nigeria Police Force and Department of Security Services, to ensure Justice Ikpambwese is protected and able to perform his duties without hindrance.
Furthermore, the NBA issued a stern warning to judges of the Benue State High Court, advising them to resist any offers to act as Chief Judge, stating that no vacancy exists. They have also called on the NJC to sanction any judge that accepts to act as Chief Judge of the State. The Branches of the NBA in Benue State and all lawyers are directed to boycott the court of any judge who accepts to act as the Chief Judge.
“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 statement emphasized.
The NBA has demanded that the Benue State House of Assembly immediately rescind its “unconstitutional decision” and follow the proper channels through the NJC.
The association reiterated its unwavering commitment to defending the integrity and independence of the Nigerian judiciary and upholding the rule of law. The situation continues to develop, and further updates are expected.
