The Benue State House of Assembly’s resolution, which instructs Governor Hyacinth Alia to remove Justice Maurice Ikpambwese as the state’s Chief Judge, has received criticism from the Nigerian Bar Association.
NBA in a statement jointly signed by its President, Afam Osigwe (SAN), and General Secretary, Mobolaji Ojibara, on Wednesday, described the resolution as inexcusable and a breach of the Constitution.
Without the consent of the National Judicial Council, a state’s House of Assembly cannot remove a Chief Judge.
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The Benue State House of Assembly’s alleged resolution ordering Governor Hyacinth Alia to remove Honourable Justice Maurice Ikpambwese from office “rejected with contempt by the Nigerian Bar Association.”
The resolution goes against the Federal Republic of Nigeria’s Constitution’s spirit and purpose, not to mention being inconstitutional.
According to our Constitution, “the removal of a judicial officer, especially one holding the esteem of Chief Judge, must strictly adhere to the rules of due process.” Any deviation from this procedure violates the rule of law in profound ways, and it poses a significant threat to our democracy.
Without the involvement of the National Judicial Council, the statement read, “It is ridiculous for the House of Assembly of any state to purport to have the power to discuss, much less recommend, the removal of a Chief Judge.”
Similarly, human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has asked the NBA to sanction the lawyers who are members of the Benue State House of Assembly.
Falana claimed that the NBA was correct to condemn the House’s illegal resolution, but that the organization should suggest that the lawyers be tried before the Legal Practitioners Disciplinary Committee, LPDC, and the Body of Benchers.
The Senior Advocate cited a Supreme Court decision, noting that the Supreme Court still holds that a state’s chief judge cannot be removed from office without the National Judicial Council conducting an investigation first.
He therefore directed the legal profession to sanction lawyers who use their official positions to denigrate democracy and follow other democracies’ examples.
The House removed Justice Maurice Ikpembese as the state’s chief judge the day after his removal.
Additionally, the assembly suggested that Justice Theresa Igoche, the state’s acting chief judge, swear in. She will be the next most senior judge.
The removal of the chief judge followed a petition from the state governor, Hyacinth Alia, who accused the state chief judge of abuse of office, tempering with the state local government election law, corruption, inciting judicial strikes, bribery and fraternising with politicians.
Source: Channels TV
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