NBA Slams Benue Assembly’s Unconstitutional Move Against Chief Judge

The Nigerian Bar Association (NBA), led by President Mazi Afam Osigwe, SAN, has strongly rebuked the recent move by the Benue State House of Assembly, which directed Governor Hyacinth Alia to remove the Chief Judge of Benue State, Honourable Justice Maurice Ikpambese. The NBA labeled the resolution as both unjustifiable and unconstitutional, warning that it directly undermines the rule of law.

In an official statement released on Tuesday night, the NBA emphasized that any attempt to remove a judicial officer, especially a Chief Judge, must strictly follow the due process set out in Nigeria’s Constitution. The association stressed that deviation from this process could threaten the independence of the judiciary and, by extension, the country’s democracy.

The NBA further pointed out that the 1999 Constitution explicitly outlines the procedures for both the appointment and removal of judicial officers. Sections 153 and 271 entrust the National Judicial Council (NJC) with the authority to recommend the appointment or removal of state Chief Judges. The NJC is also tasked with investigating allegations of misconduct, ensuring the integrity of the judiciary is upheld.

It was noted that the NBA finds it absurd that a State House of Assembly would presume the power to discuss or even recommend the removal of a Chief Judge without the involvement of the NJC. The association reiterated that the judiciary must remain free from external interference to preserve its impartiality.

The NBA detailed the proper constitutional process for the removal of a Chief Judge, as specified in Section 292(1)(a)(ii):

1. Investigation by the NJC: The NJC must first investigate any allegations and, if necessary, recommend removal.
2. Governor’s Role: Upon receiving a valid recommendation from the NJC, the Governor may proceed with the action.
3. Assembly’s Confirmation: Removal must be ratified by at least two-thirds of the State House of Assembly.

Without an investigation or formal recommendation from the NJC, the NBA declared the Benue Assembly’s actions unconstitutional and void. Additionally, the NBA expressed concerns over the lack of an opportunity for Justice Ikpambese to defend himself, further breaching the principles of natural justice.

The NBA called on elected officials to cease any unconstitutional actions that could jeopardize judicial integrity and urged law enforcement agencies, including the Nigeria Police Force and the Department of State Services (DSS), to protect the Chief Judge’s ability to fulfill his constitutional duties.

“Justice Ikpambese must be safeguarded against any attempts to hinder his performance,” the NBA asserted.

The association also advised judges of the Benue State High Court to resist any offer to act as Chief Judge, given that no vacancy currently exists. The NBA instructed its branches in Benue and all lawyers to boycott the courts of any judge who accepts such an appointment and called for sanctions against any such judge from the NJC.

Reaffirming its commitment to defending judicial independence, the NBA vowed to oppose any unconstitutional removal of judicial officers and demanded that the Benue State House of Assembly rescind its unconstitutional decision.

“The show of shame must end,” the NBA concluded, emphasizing their unwavering commitment to ensuring the rule of law prevails within the constitutional framework.