PURPORTED REMOVAL OF CHIEF JUDGE OF BENUE STATE: A BRAZEN ASSAULT ON THE CONSTITUTION

PURPORTED REMOVAL OF CHIEF JUDGE OF BENUE STATE: A BRAZEN ASSAULT ON THE CONSTITUTION

The purported resolution passed by the Benue State House of Assembly directing Governor Hyacinth Alia to remove Honourable Justice Maurice Ikpambwese from his office as Chief Judge of the state is an act of profound constitutional violation. The Nigerian Bar Association (NBA) has expressed deep contempt for this decision, viewing it not only as unjustifiable but as an egregious assault on the Constitution of the Federal Republic of Nigeria. The manner in which the Benue State House of Assembly has purported to remove a judicial officer of such a prestigious office undermines the very core of Nigeria’s legal framework, and, in effect, attempts to erode the independence of the judiciary.

The 1999 Constitution, which forms the backbone of Nigeria’s legal system, provides clear guidelines for the appointment, removal, and discipline of judicial officers, including the Chief Judge of a state. Any deviation from these constitutional procedures not only constitutes a direct violation of the rule of law but also threatens the fabric of democracy and good governance in the country. The conduct of the Benue State House of Assembly in this case is not just an oversight—it is a deliberate disregard for constitutional safeguards that are in place to prevent the politicization and undue influence over the judiciary.

The Constitution, under Sections 153 and 271, empowers the National Judicial Council (NJC) with the authority to make recommendations regarding the appointment, promotion, and removal of judicial officers, including the Chief Judge of a state. The primary rationale behind this provision is to ensure that the judiciary operates independently of executive and legislative pressures, thereby upholding the principle of separation of powers which is a cornerstone of democratic governance. The NJC was established as an autonomous body that is tasked with safeguarding the integrity and independence of the judiciary. Any attempt by a state legislative body, like the Benue State House of Assembly, to unilaterally recommend the removal of a Chief Judge without the NJC’s involvement is not just legally flawed but profoundly anti-democratic.

The Benue State House of Assembly’s purported resolution to remove Honourable Justice Maurice Ikpambwese from office is especially egregious when viewed through the lens of Section 292(1)(a)(ii) of the Nigerian Constitution. This section of the Constitution outlines the process for the removal of a Chief Judge of a state, which requires the following:

1. Investigation by the NJC: Any allegations of misconduct against the Chief Judge must first be investigated by the NJC. The NJC’s responsibility is to ensure that any claims of financial impropriety, abuse of office, or other misconduct are thoroughly examined before any decision is made regarding the removal of the judicial officer.
2. Recommendation for Removal: If the NJC finds sufficient grounds for removal following an investigation, it must formally recommend the removal to the Governor of the state.
3. Action by the Governor: Upon receiving a valid recommendation from the NJC, the Governor may act on the recommendation.
4. Confirmation by the State House of Assembly: Finally, for the removal to be lawful, the resolution must be approved by a two-thirds majority of the members of the state’s House of Assembly.

It is clear from the sequence of events that the Benue State House of Assembly bypassed all of these constitutional processes in their attempt to remove Honourable Justice Ikpambwese. There was no investigation by the NJC, no formal recommendation for removal, and most notably, no opportunity for the Chief Judge to defend himself against the allegations leveled against him.

By purportedly acting without the involvement of the NJC and failing to follow the clear procedural steps outlined in the Constitution, the Benue State House of Assembly has demonstrated an alarming lack of understanding or respect for constitutional processes. The allegations of financial impropriety and abuse of office against Honourable Justice Maurice Ikpambwese, if any, should have been handled in accordance with the provisions of the Constitution, as well as the established principles of judicial accountability and independence.

Moreover, the actions of the House of Assembly, which included directing the Governor to remove the Chief Judge, are not only legally incorrect but politically dangerous. They set a dangerous precedent that undermines the separation of powers, a principle that is essential for a functioning democracy. If this practice of bypassing constitutional processes and engaging in arbitrary removals of judicial officers is allowed to continue unchecked, it would signal the collapse of the rule of law in Nigeria and the erosion of the judiciary’s independence.

The judiciary must be allowed to function without fear or favor, free from the political whims of the executive or legislative arms of government. It is essential for the judiciary to be impartial and independent to uphold the rights of all citizens, and this can only be ensured if the process for the removal or discipline of judicial officers is shielded from undue political interference. The conduct of the Benue State House of Assembly in this case directly threatens that independence and compromises the integrity of the judicial system.

The Nigerian Bar Association has long been an advocate for the protection of the rule of law and judicial independence. The NBA has consistently called for the preservation of the separation of powers as outlined in the Constitution, and it has always maintained that no arm of government should have the unchecked ability to interfere in the workings of the judiciary. The actions of the Benue State House of Assembly constitute a direct assault on these principles.

The NBA condemns the unlawful attempts to remove Honourable Justice Ikpambwese, and it stands firm in its commitment to ensuring that all judicial officers, regardless of their position, are treated with the dignity and respect that their offices deserve. This includes ensuring that they are protected from arbitrary and unconstitutional actions by any branch of government. The NBA insists that any grievances against judicial officers must be pursued through the proper legal channels, with the NJC playing its constitutionally mandated role as the body responsible for such matters.

Furthermore, the NBA calls for the immediate cessation of any efforts to intimidate or harass Honourable Justice Maurice Ikpambwese. As the Chief Judge of Benue State, he has a duty to perform the functions of his office free from external pressures, and it is incumbent upon law enforcement agencies, particularly the Nigeria Police Force and the Department of State Security Services (DSS), to ensure that his ability to carry out his duties is not hindered in any way. The NBA is also urging that any attempts to undermine his position be thwarted and that his constitutional rights be fully protected.

The NBA’s response to this crisis extends beyond a mere legal rebuke of the actions of the Benue State House of Assembly. The Association has also called upon all judges in Benue State to resist any temptation to accept any offer to serve as the acting Chief Judge in the absence of a legitimate vacancy. Any judge who agrees to take on the role of acting Chief Judge would be acting in direct contravention of the Constitution, and the NBA has made it clear that such judges would face consequences within the legal community. Specifically, the NBA has instructed its members to boycott any courts presided over by judges who accept such appointments, in an effort to uphold the integrity of the judiciary and ensure that constitutional processes are followed.

Additionally, the NBA has called upon the National Judicial Council (NJC) to take immediate action to address the situation in Benue State. Any judge in the state who attempts to accept the position of acting Chief Judge in violation of the Constitution should be sanctioned accordingly. The NJC has the authority and responsibility to ensure that the rule of law is upheld and that any actions undermining judicial independence are swiftly addressed.

The Nigerian Bar Association will not rest in its commitment to defending the integrity and independence of the judiciary. The removal of judicial officers without adherence to due process is unacceptable, and the NBA is prepared to take all necessary steps to resist such arbitrary actions. The ongoing crisis in Benue State is a stark reminder of the importance of protecting the judiciary from undue political influence and ensuring that constitutional processes are followed in all matters related to judicial discipline and removal.

As the NBA calls for the immediate rescindment of the Benue State House of Assembly’s unconstitutional resolution, it is crucial that the wider legal community remains vigilant in safeguarding the sanctity of the rule of law. It is only through the strict adherence to constitutional processes that Nigeria can maintain a just and fair society, where the judiciary remains an impartial arbiter of disputes and a bulwark against the abuse of power.

In conclusion, the actions of the Benue State House of Assembly represent a serious violation of the Constitution and a dangerous encroachment on judicial independence. The NBA calls on all public officials, law enforcement agencies, and the National Judicial Council to ensure that the constitutional processes for the removal of a Chief Judge are followed and that any attempts to undermine the judiciary are firmly resisted. The Nigerian people deserve a judiciary that is free from political interference, and it is the collective responsibility of all legal professionals and citizens to protect this fundamental principle.

EXCERPT

The Nigerian Bar Association views with contempt the purported resolution passed by the Benue State House of Assembly directing Governor Hyacinth Alia to remove the Chief Judge, Honourable Justice Maurice Ikpambwese, from office. The resolution is not only unjustifiable but violates the spirit and intendment of the Constitution of the Federal Republic of Nigeria. The removal of a judicial officer, especially one occupying the esteemed position of Chief Judge, must adhere strictly to due process as outlined in our Constitution. Any deviation from this process is a direct affront to the rule of law and poses a significant threat to our democracy.

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. We remind all arms of government that respect for constitutional provisions is not optional but mandatory. Upholding the rule of law is the bedrock of a just and equitable society, and any actions to the contrary are tantamount to a mockery of the oaths of office sworn to by our public officials.

The 1999 Constitution clearly stipulates the processes for appointing and removing judicial officers. Specifically, Sections 153 and 271 establish the NJC as the body responsible for recommending the appointment and removal of state Chief Judges. The Constitution gives the NJC the exclusive power of exercising disciplinary control over judicial officers, by ensuring that any allegation of misconduct is thoroughly investigated and decided to maintain the integrity and independence of the judiciary.

By purporting to have power to consider allegations of financial impropriety and abuse of office against the Chief Judge as well as recommending his removal, the Benue State House of Assembly exhibited crass knowledge of the provisions of the Constitution in that regard and clearly evinced an intention to trample on the Constitutional guardrails against such bad behaviour. It is disheartening that the Benue State House of Assembly does not know or pretends not to know that the process for the removal of a Chief Judge of a state is expressly provided for under Section 292(1)(a)(ii) of the Constitution. The lawful procedure requires:

1. The NJC must first investigate any allegations against the Chief Judge and, where necessary, make a formal recommendation for removal to the Governor.

2. Upon receiving a valid recommendation from the NJC, the Governor may act on the recommendation.

3. The removal must be confirmed by a resolution of at least two-thirds of the members of the State House of Assembly.

The absence of an investigation, hearing and recommendation from the NJC renders the purported removal of Hon. Justice Maurice Ikpembese unconstitutional, null, and void. It is indeed, sad that assuming that the Benue State House of Assembly has power to remove or recommend the removal of the Chief Judge, it would purport to do so without affording him an opportunity to defend himself against the weighty allegations against him.

The Benue State House of Assembly has not only contravened constitutional provisions but has undermined the foundational principles of judicial independence and the rule of law. Such actions set a dangerous precedent, eroding public confidence in our legal institutions and threaten the separation of powers enshrined in our Constitution.

NBA urgently calls upon all elected officials to desist from arbitrary and unconstitutional actions that jeopardize the sanctity of our judiciary. We also call upon all law enforcement agencies, particularly the Nigeria Police Force and Department of Security Services, to ensure that the Chief Judge, Honourable Justice Maurice Ikpambwese, is not in way prevented from discharging the powers and functions of his office. 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.

We strongly advise all judges of the High Court of Benue of State to resist any temptation to accept any filthy offer to act as Chief Judge of the State as no vacancy exists in that office. The Branches of NBA in Benue State and all lawyers are hereby directed to boycott the court of any judge of the Benue State High Court who accepts to act as the Chief Judge of the State.

NBA also calls on the National Judicial Council to sanction any judge of the Benue State High Court who accepts to be made the acting Chief Judge of Benue State.

NBA stands firm in its commitment to defend the integrity and independence of the Nigerian judiciary. We will not relent in our efforts to ensure that the rule of law prevails and that all actions by governmental bodies are conducted within the ambit of the Constitution. The arbitrary removal of judicial officers without adherence to due process is unacceptable and will be met with unwavering opposition from the legal community. Therefore, we call on the Benue State House of Assembly to immediately rescind its unconstitutional decision and follow the proper channels through the NJC for any grievances or allegations against judicial officers. The show of shame must stop.

Mazi Afam Osigwe, SAN

President, Nigerian Bar Association