PRESS RELEASE
THE POSITION OF THE NIGERIAN BAR ASSOCIATION MAKURDI BRANCH ON THE PURPORTED REMOVAL OF THE CHIEF JUDGE OF BENUE STATE BY THE BENUE STATE HOUSE OF ASSEMBLY.
The Nigerian Bar Association (NBA Makurdi Branch) is deeply saddened by the events of 18th February 2025 emanating from the Benue State House of Assembly wherein the Assembly purportedly removed the Chief Judge of Benue State Hon. Justice Maurice Ahemba Ikpambese from office.
We hereby completely adopt the position and the statement of the Nigerian Bar Association ably led by Mr. Afam Osigwe SAN dated 18th February 2025.
We wish to place on record that the said act of the Benue State House of Assembly is not only unlawful, but a complete travesty and breach of the rule of law which is the foundation of the Nigerian Bar Association, and the NBA Makurdi Branch completely rejects same as it is null and void, on many fronts.
First and foremost, the purported suspension suffers from lack of the constitutionally required 2/3 majority of the members.
From our findings, the House is made up of 32 members, and about 31 members expressly voted against the Chief Judge’s removal. One was absent and the Speaker himself abstained from voting. This means that the ones who voted never met the 2/3 majority which is a condition precedent for kickstarting the process of removal of a Chief Judge.
Secondly, the purported removal si not only unconstitutional, it violates the principles of separation of powers. A Chief Judge is not an employee of the House of Assembly. They cannot therefore purport to suspend or remove him as he heads an independent arm of Government in the same manner as the Governor and the Speaker.
Thirdly, the proper procedure for removal of the Chief Judge as enshrined in the Constitution was never followed. By S. 292 of the CFRN 1999 as amended, the Chief Judge can only be removed on the recommendation of the National Judicial Council which is responsible for the discipline of Judges. This procedure was not followed in the instant case, and same cannot stand. Se ELELU HABEEB V. AGF (2012) 13 NWLR (PT. 1318, Pg423).
Since the above very basic requirements of the Constitution were not followed, and since the NBA seeks to promote the rule of law, we find it deeply troubling and unable to accept this absurdity.
We wish to place on record that the NBA does not support fraud or any misconduct by any public officer no matter how highly placed. However, due process of law must be followed in disciplining erring persons, the Chief Judge inclusive.
On the basis of the above, the Nigerian Bar Association Makurdi Branch hereby completely rejects the purported removal or suspension of the Chief Judge of Benue State Hon. Justice Maurice Ahemba Ikpambese by the Benue State House of Assembly as it fails to meet the basic tenets of the rule of Law and is a gross violation of the fundamentals of the doctrine of Separation of Powers.
We warn that any attempt to bring anarchy in our peaceful state by the Benue State House of Assembly in this manner shall be vehemently resisted within the ambits of the Law. We call on the said State Assembly to urgently reconvene and rescind this unlawful decision and follow due procedure if they have any genuine grievances against the Chief Judge. Hon. Justice Maurice Ahemba Ikpambese is and remains the Chief Judge of Benue State and al Law enforcement agencies are urged to render him the necessary protection and support he requires in the discharge of his official duties.
We also kindly request al Judges of the Benue State Judiciary to protect the sanctity of the Judiciary by not allowing any of them to be used to promote a violation of the rule of law by presenting themselves to be sworn in illegally as acting Chief Judge.
We shall also boycott the court presided over by any Judge who illegally accepts to be sworn in as acting Chief Judge.
