The Nigerian Bar Association (NBA), under the leadership of its President, Mazi Afam Osigwe, SAN, has strongly condemned the purported resolution passed by the Benue State House of Assembly directing Governor Hyacinth Alia to remove the Chief Judge of Benue State, Honourable Justice Maurice Ikpambese, from office. The NBA described the resolution as unjustifiable, unconstitutional, and a direct affront to the rule of law.

In a statement issued on Tuesday night, the NBA emphasized that the removal of a judicial officer, particularly a Chief Judge, must strictly adhere to the due process outlined in the Constitution of the Federal Republic of Nigeria. The association warned that any deviation from this process undermines the independence of the judiciary and poses a threat to Nigeria’s democracy.

The NBA highlighted that the 1999 Constitution clearly stipulates the processes for appointing and removing judicial officers. Specifically, Sections 153 and 271 establish the National Judicial Council (NJC) as the body responsible for recommending the appointment and removal of state Chief Judges. The Constitution grants the NJC exclusive authority to exercise disciplinary control over judicial officers, ensuring that any allegations of misconduct are thoroughly investigated and decided upon to maintain the integrity and independence of the judiciary.

The NBA stated, “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 the Chief Judge of a State without the involvement of the National Judicial Council (NJC). The judiciary must operate free from external pressures and threats to maintain its impartiality and effectiveness.”

The NBA outlined the lawful procedure for the removal of a Chief Judge as provided under Section 292(1)(a)(ii) of the Constitution:

Investigation by the NJC: The NJC must first investigate any allegations against the Chief Judge and, where necessary, make a formal recommendation for removal to the Governor. Governor’s Action: Upon receiving a valid recommendation from the NJC, the Governor may act on the recommendation. Confirmation by the State Assembly: The removal must be confirmed by a resolution of at least two-thirds of the members of the State House of Assembly. The NBA noted that the absence of an investigation, hearing, and recommendation from the NJC renders the purported removal of Hon. Justice Maurice Ikpambese unconstitutional, null, and void. The association also expressed concern that the Chief Judge was not afforded an opportunity to defend himself against the allegations, further violating the principles of natural justice.

The NBA called on all elected officials to desist from arbitrary and unconstitutional actions that jeopardize the sanctity of the judiciary. The association also urged law enforcement agencies, particularly the Nigeria Police Force and the Department of State Services (DSS), to ensure that the Chief Judge is not prevented from discharging his constitutional duties.

“It is imperative that the Chief Judge is protected from any form of harassment, intimidation, or hindrance that may impede his ability to perform his constitutional duties,” the NBA stated.

The NBA further advised all judges of the Benue State High Court to resist any temptation to accept an offer to act as Chief Judge, as no vacancy exists in that office. The association directed its branches in Benue State and all lawyers to boycott the court of any judge who accepts to act as Chief Judge. Additionally, the NBA called on the National Judicial Council to sanction any judge who accepts such an appointment.

The NBA reaffirmed its commitment to defending the integrity and independence of the Nigerian judiciary. The association vowed to oppose any arbitrary removal of judicial officers without adherence to due process and called on the Benue State House of Assembly to immediately rescind its unconstitutional decision.

“The show of shame must stop,” the NBA declared. “We stand firm in our commitment to ensure that the rule of law prevails and that all actions by governmental bodies are conducted within the ambit of the Constitution.”

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