NBA condemns Benue Assembly’s resolution on Chief Judge’s removal

The Nigerian Bar Association (NBA) has strongly criticised the Benue State House of Assembly’s resolution that directed Governor Hyacinth Alia to remove Justice Maurice Ikpambwese as the state’s Chief Judge.

In a statement on Wednesday jointly signed by its president, Afam Osigwe (SAN), and general secretary, Mobolaji Ojibara, the NBA described the resolution as unconstitutional and an affront to judicial independence.

The NBA emphasised that no state assembly has the authority to remove a Chief Judge without the involvement of the National Judicial Council (NJC). The association asserted that any attempt to bypass constitutional procedures is unlawful and a direct attack on the rule of law.

“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,” the NBA stated.

The association condemned the assembly’s actions, stating that they set a dangerous precedent that could erode public confidence in legal institutions and undermine the separation of powers enshrined in the Constitution. It stressed that the judiciary must operate without external pressures to maintain its impartiality and effectiveness.

Citing Sections 153 and 271 of the 1999 Constitution, the NBA reaffirmed that the NJC holds exclusive authority over the appointment and removal of judicial officers. It further referenced Section 292(1)(a)(ii), which mandates an NJC investigation, hearing and recommendation before any removal can be considered.

The NBA noted that the absence of an NJC investigation, hearing and recommendation renders the purported removal of Justice Ikpambwese unconstitutional, null and void.

The NBA called on the Benue State House of Assembly to immediately rescind its decision, urging elected officials to refrain from arbitrary actions that undermine the judiciary. Additionally, it directed lawyers in the state to boycott any court presided over by a judge who assumes the role of Acting Chief Judge under these circumstances.

“The arbitrary removal of judicial officers without adherence to due process is unacceptable and will be met with unwavering opposition from the legal community,” the statement concluded.

The association also urged law enforcement agencies to ensure that Justice Ikpambwese is not hindered in carrying out his constitutional duties, warning that any deviation from the rule of law would be vigorously challenged.