The Nigerian Bar Association (NBA) has criticized the resolution by the Benue State House of Assembly directing Governor Hyacinth Alia to remove Justice Maurice Ikpambwese as the state’s Chief Judge, describing the move as unconstitutional and a violation of the rule of law.
In a statement jointly signed by its President, Afam Osigwe (SAN), and General Secretary, Mobolaji Ojibara, on Wednesday in Abuja, the NBA stated that the Assembly’s actions disregarded constitutional provisions that outline the process for removing judicial officers.
Violation of Due Process
The NBA emphasized that the removal of a Chief Judge must adhere strictly to the Constitution, which mandates the involvement of the National Judicial Council (NJC). According to the association, the Assembly lacks the authority to recommend the removal of a Chief Judge without NJC investigation and recommendation.
“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 a Chief Judge without the involvement of the National Judicial Council,” the statement read.
The NBA further criticized the Assembly for denying Justice Ikpambwese the opportunity to defend himself, describing the move as a breach of judicial independence and the principle of separation of powers.
Constitutional Safeguards
The NBA cited Sections 153, 271, and 292 of the 1999 Constitution, which establish the NJC’s exclusive authority to investigate allegations of misconduct against judicial officers and recommend disciplinary actions, including removal.
The association declared the Assembly’s resolution as unconstitutional, null, and void, warning that such actions erode public confidence in legal institutions and set a dangerous precedent.
Call for Action
The NBA urged elected officials to respect constitutional provisions, emphasizing that adherence to due process is mandatory. It directed law enforcement agencies, including the Nigeria Police Force and the Department of State Services, to ensure that Justice Ikpambwese is not hindered in performing his duties.
The association also advised judges in Benue State to reject any appointment as Acting Chief Judge, asserting that no vacancy exists in the office. It warned that any judge who assumes the role would face sanctions from the NJC and a boycott by lawyers in the state.
Commitment to the Rule of Law
“The NBA remains steadfast in its commitment to defend the integrity and independence of the Nigerian judiciary. The arbitrary removal of judicial officers without adherence to due process is unacceptable and will be met with unwavering opposition from the legal community,” the statement added.
The NBA called on the Benue State House of Assembly to rescind its resolution and follow constitutional procedures through the NJC for any grievances against judicial officers. It stressed that upholding the rule of law is essential for a just and equitable society, warning that unconstitutional actions undermine the oaths of office sworn by public officials.
