•Defiant state assembly insists removal in order

The Judiciary Staff Union of Nigeria (JUSUN) has condemned the recent removal of the Chief Judge of Benue State, Justice Maurice Ikpambeae, for allegedly inciting the ongoing strike by judiciary workers in the state.

A statement signed by national president of JUSUN, Marwan Mustapha Adamu, described the action of the Benue State House of Assembly as a direct attack on judicial independence and an affront to the rule of law.

But in related pushback, the Senate yesterday described as unacceptable, the decision of the Benue State House to remove the State’s Chief Judge, Justice Maurice Ikpambese, holding that the Benue lawmakers carried out the action “without having recourse to the tenets of the law.”

Meanwhile, in another related development, a defiant leadership of the Benue State House of Assembly has insisted that the removal of the State Chief Judge, Justice Maurice Ikpambese, was in line with the House’ standing rules despite an order from the National Judicial Council (NJC) that the removal of the Judge be reverted till an investigation on the allegation against the Chief Judge is carried out.

According to a statement signed by national president of JUSUN, “It is on record that the Chief Judge of Benue State is not a member of JUSUN and cannot incite an action he is not part of.

“This action by the Benue State House of Assembly is a direct attack on judicial independence and an affront to the rule of law,” it said.

JUSUN said that judiciary is an essential pillar of democracy, and that any attempt to intimidate, coerce, or remove judicial officers for performing their duties is unacceptable.

It further stated: “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.

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

“If such actions are allowed to stand, it will erode public confidence in the judiciary and weaken our democracy”.

Meanwhile, the Senate has mandated its Committee on Judiciary, Human Rights and Legal Matters, to monitor compliance to directive already issued by the National Judicial Council directing the reinstatement of the CJ.

The resolutions of the red chamber followed its consideration and adoption of a motion titled: “Looming constitutional crises in Benue State stemming from purported removal of Chief Judge of Benue State: Urgent need for Senate Intervention.”

The motion was sponsored by Senator Abba Moro and co-sponsored by Senators Emmanuel Udende and Titus Zam.

Moro in his lead debate said the Senate has noted that the National Assembly amongst other things, has the responsibility as the highest law-making body in Nigeria to protect and preserve the Constitution of the Federal Republic of Nigeria to ensure compliance, prevent violations “ensuring that the Constitution remains the supreme law of the land.”

He stated that there is a looming constitutional crisis currently in Benue state and that if not nipped in the bud, “may spring to become a great threat to the democracy and the rule of the entire country.”

He said: “The said crisis stems from the purported removal of Justice Maurice Ikpambese, the Chief Judge of Benue State by the State House of Assembly without having recourse to the tenets of the law.”

He noted that the Constitution of the Federal Republic of Nigeria, 1999 (as amended) states “explicitly in Sections 153 and 271 that the National Judicial Council (NJC) is the only body that authorizes the appointment and removal of State Chief Judges.

“And the constitution in the said sections go further to state the procedures for appointment and removal of State Chief Judges and anything outside the provisions of the Constitution is a direct affront to the Constitution and a danger to our democracy.”

He said that Section 292(1)(a) of the Constitution expressly provides “for the step-by-step procedure for the removal of State Chief Judges.

“However, the Benue State House of Assembly acted with either ignorance of what the law says or with intention to make a caricature of our ground norm.

“The Constitution went ahead to sit and pass a resolution just by themselves purporting to have removed the Chief Judge of Benue State, a resolution that brings a great insult to the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and if not reversed may lead to abuse of the powerful document that provides for the entire country.”

Senators Udende and Zam supported the motion and called for urgent measures to preserve democracy in Benue State.

Meanwhile, the Majority Leader of the House, Hon. Saater Tiseer, who led three other members to address the media about the recommendation, accused the National President of the Nigerian Bar Association (NBA), Afam Osigwe (SAN), and the Secretary, Dr. Mobolaji Ojibara, of taking a hasty and biased position on the matter.

According to him, following a memo from the executive arm of the government regarding alleged fraud and other related misconduct against the Chief Judge, the House acted on the document during plenary and arrived at a decision to recommend his removal from office to pave the way for a full investigation.

His words: “The House further referred the petition to the National Judicial Council (NJC), to determine whether or not Hon. Justice Maurice Ikpambese is culpable of the allegations against him and to take appropriate action regarding his position as a judicial officer.

“This is in line with Section 292 (1) (b) of the 1999 Constitution, which provides thus: (b) in any case, other than those to which paragraph (a) of this subsection applies, by the president or, as the case may be, the governor acting on the recommendation of the National Judicial Council that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct.”

Hon. Tiseer said it is most appalling that Afam Osigwe (SAN) and Dr. Mobolaji Ojibara did not take into account the above clear provisions of the Constitution before issuing their poorly researched and erroneous press statement, which castigated the House of Assembly.

“It is imperative to point out that the Constitution is clear and unambiguous, and the Benue State House of Assembly acted within the confines of the law and in the interest of Benue State, which is their primary constituency.”

According to him, it is imperative to clarify that the Benue State House of Assembly did not recommend the removal of His Lordship, Maurice Ikpambese, as a judge (i.e., a judicial officer). That issue will be referred to the NJC, as stated in the resolution.

He explained that the Assembly simply acted in line with Section 292(1)(a)(ii) of the 1999 Constitution, which relates strictly to the office of the Chief Judge of the State.

Regarding the suspension of thirteen members over the violation of House rules, the Majority Leader pointed out that they fully participated when the matter of the removal of the Chief Judge was discussed on the floor during plenary.

“It was wrong for them to later convene at an uncompleted building to issue a press statement against the decision they were part of, thereby, casting members and the entire House in a bad light.”

He disclosed that if the affected members fail to apologise within the appropriate time frame, their suspension will be increased from three to six months.

The leadership of the House accused former Governor Samuel Ortom and Senator Abba Moro of mounting pressure on the said members to behave the way they did, expressing disappointment that Governor Hyacinth Alia has come to do the right thing.

“Where was Senator Abba Moro when the then-Governor Ortom was not paying salaries, pensions, and gratuities in the state? This is all about the 2027 general election, as they are envious of Alia’s record of achievement”, he stated.

Honorable Tiseer, therefore, called on the people of Benue to be wary of politicians seeking to cause discord in the system for their own advantage.

The Benue House of Assembly a few days ago removed the chief judge on the grounds of alleged corrupt practices.