NBA Condemns Purported Removal of Benue Chief Judge as a Brazen Assault on the Constitution

Legal Community Rejects Unconstitutional Interference in Judiciary

In a blistering rebuke, the Nigerian Bar Association (NBA) has condemned the purported resolution by the Benue State House of Assembly directing Governor Hyacinth Alia to remove the Chief Judge, Honourable Justice Maurice Ikpambwese, from office. Describing the move as a “brazen assault on the Constitution,” the NBA warned that such unconstitutional interference in judicial matters poses a severe threat to Nigeria’s democracy and the rule of law.

“The removal of a judicial officer, particularly one occupying the esteemed position of Chief Judge, must strictly adhere to the due process outlined in our Constitution,” the NBA stated. “Any deviation from this is a direct affront to the rule of law and an egregious abuse of power.”

A Flagrant Violation of the Constitution

The NBA expressed outrage over the House of Assembly’s actions, asserting that it has no legal authority to even deliberate—let alone recommend—the removal of a state Chief Judge without the involvement of the National Judicial Council (NJC). The legal body emphasized that Nigeria’s 1999 Constitution is clear on the procedure for appointing and removing judicial officers, which is the exclusive preserve of the NJC.

Citing Sections 153 and 271 of the Constitution, the NBA reaffirmed that the NJC holds the sole power to investigate and recommend the removal of state Chief Judges. “By purporting to consider allegations of financial impropriety and abuse of office against the Chief Judge, the Benue State House of Assembly has exhibited an embarrassing lack of understanding of constitutional provisions,” the NBA asserted. “Their actions are nothing short of a deliberate attempt to trample on the safeguards protecting judicial independence.”

Benue State Chief Judge, Honourable Justice Maurice Ikpambwese

Due Process Ignored, Judicial Independence Undermined

The NBA outlined the constitutional procedure for the removal of a Chief Judge under Section 292(1)(a)(ii), which mandates:

1. A thorough NJC investigation into any allegations against the Chief Judge.

2. A formal recommendation by the NJC to the Governor.

3. A resolution passed by at least two-thirds of the State House of Assembly, based on the NJC’s recommendation.

The NBA dismissed the Benue Assembly’s resolution as unconstitutional, null, and void, stressing that Justice Ikpambwese has neither been investigated nor given an opportunity to defend himself. “Even if the Assembly had the power to initiate removal—which it does not—it would still have violated fundamental principles of fair hearing,” the NBA stated.

A Dangerous Precedent and a Call to Action

Expressing deep concern over the potential implications of the Benue Assembly’s actions, the NBA warned that this unconstitutional overreach could set a dangerous precedent. “This reckless attempt to usurp the powers of the NJC undermines the foundational principles of judicial independence and the separation of powers,” the statement continued. “It erodes public confidence in our legal institutions and emboldens further lawlessness.”

The NBA has called upon all elected officials to respect constitutional boundaries and refrain from arbitrary actions that compromise the integrity of the judiciary. Additionally, the Association urged law enforcement agencies, including the Nigeria Police Force and the Department of State Services, to ensure that Justice Ikpambwese is not obstructed or harassed in carrying out his judicial duties.

Firm Warning to the Judiciary

In a bold stance, the NBA has issued a strong warning to all judges of the Benue State High Court, urging them to reject any unlawful appointment as acting Chief Judge. “No vacancy exists in that office,” the NBA declared. “Any judge who accepts such an offer will face severe professional consequences, including an NBA-directed court boycott.”

Furthermore, the Association called on the NJC to sanction any judge who attempts to legitimize this unconstitutional removal by accepting an appointment as Acting Chief Judge.

Unwavering Commitment to the Rule of Law

Reaffirming its dedication to upholding constitutional order, the NBA vowed to resist any attempts to undermine the judiciary. “We will not stand idly by while constitutional provisions are flouted with impunity,” the statement concluded. “The Benue State House of Assembly must immediately rescind this unlawful decision and channel any grievances through the proper legal framework of the NJC. This show of shame must stop.”

As Nigeria continues to grapple with challenges to its democratic institutions, the NBA’s resolute stance serves as a reminder that the rule of law remains the bedrock of justice and good governance.

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