The Benue State House of Assembly has insisted that the embattled Chief Judge (CJ) of the state, Justice Maurice Ikpambese, stands removed from office despite the intervention of the Nigerian Bar Association (NBA).
The Assembly’s insistence on Ikpambese’s removal came on the heels of a statement jointly signed by the President and Secretary of the NBA, Afam Osigwe (SAN) and Dr Mobolaji Ojibara, where they condemned the CJ’s removal, calling it a sham.
But while reacting to the statement during a press conference in Makurdi on Thursday, Majority Leader of the State Assembly, Hon. Saater Tiseer, described the statement by the NBA as not only hasty but castigating the action of the House.
“The NBA did not understand the issues and the workings of the assembly, yet it called our resolution a sham,” Tiseer said.
Tiseer added that the NBA predicated its press release on a faulty premise, relying on sections 153 and 271 of the 1999 Constitution (as amended), which deals with discipline and removal of judicial officers generally and establishment of the National Judicial Council (NJC).
“The House recommended the removal of CJ pursuant to its powers under section 292(1)(a)(ii) of the 1999 Constitution.
“Under section 292 (1), A judicial officer shall not be removed from his office or appointment before his age of retirement, except in the following circumstances –
“(ii) Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State.
“Praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct.
“The House did not recommend the removal of CJ as a judicical officer but as the CJ of Benue as provided by the law.
“The House did not originate any petition against the CJ, therefore, it has no business with the NJC because the law only empowered them to act on the address of the governor, which they did,’’ he said.
Also speaking on the suspension of 13 assembly members who distanced themselves from the removal of the Chief Justice, the Majority Leader said:
“They were sanctioned for deceiving Benue people and Nigerians as a majority of them voted for his removal during the plenary session.’’
