NJC blocks Benue Assembly’s decision, says Justice Ikpambese stays as Chief Judge
On Wednesday, February 19, the National Judicial Council (NJC) overturned the Benue State House of Assembly’s decision to remove Justice Maurice Ikpambese as the Chief Judge of Benue State.
The NJC stated that the Benue State House of Assembly did not have the legal power to remove or recommend the removal of a Chief Judge. According to the 1999 Nigerian Constitution, only the NJC has the authority to appoint or discipline judicial officers.
The NJC confirmed that it had received a petition against Justice Ikpambese but emphasized that he would remain in his position as Chief Judge until the petition was fully investigated.
In a statement, the NJC said: “The attention of the National Judicial Council has been drawn to a certain media report to the effect that the Benue State House of Assembly has purportedly passed a resolution recommending the removal of the state Chief Judge, Hon. Justice Maurice Ikpambese from office. Although the Council had this morning, received a petition against Hon. Justice Maurice Ikpambese, that petition is yet to be investigated in line with Council’s Investigation Procedure and the principle of fair hearing. As far as Council is therefore concerned until the complaint is investigated and deliberated upon by it, Hon. Justice Maurice Ikpambese remains the Chief Judge of Benue State.”
The Nigerian Bar Association (NBA) also stepped in, urging the NJC to punish any judge of the Benue State High Court who accepts an acting Chief Judge role. The NBA criticized the Benue Assembly for its actions, stating that the assembly had violated the Constitution and overstepped its bounds.
The NBA’s statement, signed by its President Mazi Afam Osigwe and General Secretary Dr. Mobolaji Ojibara, read: “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 the 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.”
The NBA warned that the Benue State Assembly had not followed due process and called on the assembly to reverse its decision. The association also urged law enforcement to protect Justice Ikpambese from any harassment that could prevent him from performing his duties.
