The Benue State House of Assembly's recommendation to remove Chief Judge Maurice Ikpambese over allegations of misconduct has been met with strong condemnation from the Nigerian Bar Association (NBA). The NBA argues that the Assembly's actions are unconstitutional and threaten judicial independence.
The Benue State House of Assembly has sparked controversy by recommending the removal of Chief Judge Maurice Ikpambese over allegations of gross misconduct and abuse of office. Lawmakers cited several reasons for their decision, including Ikpambese's alleged overturning of the Benue State Electoral Law, showing undue favoritism by engaging with politicians, and indirectly supporting the ongoing judicial workers' strike.
The Assembly resolved that the next most senior judge should be sworn in to fill the anticipated vacancy. This move has been met with strong condemnation from the Nigerian Bar Association (NBA). In a statement released by NBA President Afam Osigwe, the association labeled the Assembly's resolution as unconstitutional and a direct violation of the spirit and intent of the Nigerian Constitution. The NBA emphasized that the removal of a Chief Judge must adhere strictly to the due process outlined in the Constitution, and any deviation from this process constitutes a threat to democracy and the rule of law. The NBA argued that only the National Judicial Council (NJC) has the constitutional authority to recommend the removal of a Chief Judge, not a state Assembly. They highlighted that the NJC must first investigate any allegations against the Chief Judge and, if necessary, make a formal recommendation for removal to the governor. This recommendation must then be confirmed by at least two-thirds of the members of the State House of Assembly. The NBA expressed deep concern that the Assembly considered removing Ikpambese without allowing him to defend himself against the allegations. They warned that such actions set a dangerous precedent, erode public trust in the judiciary, and violate the principle of separation of powers. The NBA called on elected officials to refrain from unconstitutional actions that undermine judicial independence and urged law enforcement agencies to ensure that Ikpambese is not prevented from performing his duties. They also cautioned judges of the Benue State High Court against accepting any appointment as acting Chief Judge, stating that no vacancy exists in the office. The NBA directed all its branches in Benue State and all lawyers to boycott the court of any judge who accepts to act as Chief Judge. Furthermore, the NBA called on the NJC to take disciplinary action against any judge who colludes with this unconstitutional process. The NBA reaffirmed its commitment to resisting any arbitrary removal of judicial officers and urged the Benue Assembly to immediately rescind its resolution
Judicial Independence Nigerian Bar Association Benue Assembly Chief Judge Rule Of Law Constitutional Crisis
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