A group, the Association of Idoma lawyers, has kicked against the move by the Benue State House of Assembly to remove the Chief Judge, Hon. Justice Maurice Ikpambese.
In a statement made available on Thursday, the group said the move is an attempt to ridicule the judicial arm of the state.
Noting that the lawmakers have breached the oath of office they took, Chief Godwin O. Obla (SAN) and Dr. J.Y. Musa (SAN); the group’s president and leader respectively, said they will not be silent in the face of illegality.
“We are stakeholders in the affairs of the Benue State Judiciary and will not be silent in the face of the uncivilized attack on this dignified arm of government popularly referred to as the ‘hope of the common man’.”
The lawyers noted that the Constitution of the Federal Republic of Nigeria, 1999 pointed out the extent of checks and balances one arm should exercise over the other.
They added, “Any action done contrary to the sacred provisions of the Constitution is void and, in this instance, the purported removal of the Chief Judge of Benue State, Hon. Justice Maurice Ikpambese is a nullity ab initio.
“The members of the State House of Assembly swore to preserve, protect and defend the Constitution of the Federal Republic of Nigeria under the Seventh Schedule to the Constitution. This arm of government has brazenly violated the Constitutional oath the members took.
“Section 292(1)(a)(ii) of the Constitution was not complied with in the purported removal of the Benue State Chief Judge. Thirteen out of the Thirty-Two members of the House of Assembly came out to show clearly that the Governor did not act on an address supported by two-thirds majority of the House of Assembly of the State.
“Unfortunately, news have it that this Thirteen Honourable Members have been suspended from their legislative functions for three months for choosing to honour the oath they took to preserve, protect and defend the Constitution.
“The process of removing a Chief Judge of a State was clearly outlined by the apex Court in the case of HON. JUSTICE RALIAT ELELU-HABEEB & ANOR. v. ATTORNEY GENERAL OF THE FEDERATION & ORS. (2012) 13 NWLR (Pt. 1318) 423 at 494 – 495 paras. D – G”.
The Idoma lawyers also argued that the lawmakers neglected all the conditions of the constitution regarding the removal of a Chief Judge.
“All these conditions or basis for the exercise of power to remove a State Chief Judge must be investigated and confirmed by credible evidence and placed before the Governor and the House of Assembly before proceeding to exercise their power of removal granted by the section of the Constitution.
“For example, the ground for removal for inability to perform the functions of his office or appointment cannot be ascertained and confirmed by the Governor or the House of Assembly in the absence of any input from the National Judicial Council under which supervision the Chief Judge discharges his functions as judicial officer and which body also is directly responsible for exercising disciplinary control over the said State Chief Judge.”
They added, “It is not difficult to see that for the effective exercise of the powers of removal of a Chief Judge of a State by the Governor and House of Assembly, the first port of call by the Governor on his journey to remove a Chief Judge of the State shall be the National Judicial Council which is equipped with the personnel and resources to investigate the inability of the Chief Judge to discharge the functions of his office, the subject of disciplinary action of removal through the Committees of the Council and where the infirmity of the mind or body is involved, the services of a medical board to examine and submit appropriate report on the Chief Judge to be affected, could also avail the Council in the process of investigation.”
The Idoma lawyers warned that “no amount of desperation to remove the Chief Judge can be justified under the present circumstance and the stand of the House of Assembly as voiced by Hon. Saater Tiseer, the Majority Leader, is an affront to the Constitution and the Rule of Law and a demonstration of crass ignorance of the Law and understanding of the Constitution.”
Describing the Chief Judge’s removal as embarrassing and regrettable, the group commended the National Judicial Council, the Nigerian Bar Association, the Nigerian Labour Congress and all other organizations and persons for their timely intervention.
It also commended the Benue State Judiciary for “the unity displayed at this trying time and the laudable resistance put up against tyranny and abuse of the Constitution”.
