March 10, (THEWILL) – The ongoing controversy surrounding the suspension of the Chief Judge of Benue State, Justice Maurice Ikpambese, following a majority vote by the Benue State House of Assembly took a new turn last week when the Assembly rejected offers by a Senate Committee to intervene.
Speaker of the State Assembly, Hon. Aondona Dajoh, faulted insinuations by the Senate Committee on Judiciary, Human Rights and Legal Matters, that it acted without due regard to the provisions of the Nigerian Constitution in the suspension of Justice Ikpambese. insisting that the Assembly acted within the ambit of the law.
In his reply to a letter addressed to him by the Chairman of the Senate Committee on Judiciary, Human Rights and Legal Matters, Senator Adegbamire Adeniyi Ayodele, Speaker Dajoh insisted that the Assembly acted within the ambit of the law.
Senator Ayodele, who is a Senior Advocate of Nigeria, SAN, had in his letter expressed deep concern over the purported removal of Justice Ikpambese, insisting that the action was carried out without due regard to the provisions of the Nigerian Constitution, particularly in respect to the tenure and removal of judicial officers under the provision of Section 292 of the 1999 constitution.
He urged his junior colleagues to take necessary steps to address the issue, ensuring that all the decisions regarding the suspension of Justice Ikpambese, were in accordance with the constitution of the Federal Republic of Nigeria.
Reacting, Hon. Dajoh, said the assembly remained deeply committed to the rule of law and fully understands the constitutional safeguards surrounding the tenure and removal of judicial officers as enshrined in Section 292 of the 1999 Constitution (as amended).
Furthermore, Dajoh asked the Senate to consider the constitutional doctrine of federalism and separation of powers, insisting that matters concerning the appointment and removal of judicial officers fall within the jurisdiction of the state government, subject to constitutional requirement.
While reminding his senior colleague at the National Assembly that the Senate Committee on Judiciary, Human Rights and Legal Matters could only play an advisory role, which was welcomed, he emphasised that any of their directive or resolution, encroached on the constitutional autonomy of the State Assembly as the constitution did not give them the right to superintend over the affairs of the State Assemblies.
The development marked the ongoing concern still being expressed by stakeholders within and outside the state over Justice Ikpambese’s suspension.
The state lawmakers in a majority vote had acted on the weighty allegations against Justice Ikpambese of misappropriation and mismanagement of the budgetary allocation and finances of the Benue State Judiciary to the tune of over N600m, abuse of office by issuing a directive to overturn the Benue State Electoral Law passed by the Benue State House of Assembly and assented to by the Governor of the State
On the strength of his allegation of acts of bribery and corruption against the chief judge, the majority leader, Hon Saater Tiseer, moved for the removal of Justice Ikpambese as the Chief Judge of Benue State in line with Section 292(1)(a)(II) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and urged the Assembly to forwarding a complaint to the National Judicial Council to carry out “an honest, independent, hitch-free, transparent and diligent investigation into these allegations,” especially as they relate to abuse of office by a Judicial Officer.
But no sooner had the lawmakers voted to suspend Ikpanbese than some among the 23 out of 31 members who voted to remove him, dissented on the grounds that the House rules allow suspension of up to two weeks. Interestingly, some of the lawmakers led by Douglas Akya, had voted for the suspension of Ikpambese, prompting the Speaker to announce their suspension, as well.
Speaker Hyacinth Dajoh, announced a three-month suspension for the lawmakers, accusing them of putting up a show to cause rift in the Assembly.
The suspended lawmakers were also directed to refund funds allocated for an upcoming foreign trip, which they would no longer undertake.
Reacting swiftly to the judge’s suspension, the NJC and Nigerian Bar Association (NBA) however opposed the judge’s removal.
The NBA condemned the process followed by the Assembly in suspending the Judge, arguing that the NJC has yet to investigate the allegations against Justice Ikpambese and make its recommendation.
But Tiseer in a counter argument, said the NBA was “too hasty” with its criticism of the CJ’s removal, noting that the decision aligns with provisions of the 1999 Constitution (as amended).
He said the house recommended the removal of CJ pursuant to its powers under section 292(1)(a)(ii) of the 1999 Constitution.
He added that the assembly did not remove Ikpambese as a judicial officer but as the chief judge. Soon, political parties took part in voicing their position in the controversy. The Senate majority leader, Senator Abba Moro, while condemning the removal of the judge, urged the National Assembly to intervene, but his call was countered by APC Elders in the state, who upbraided the majority leader for seeking to destabilise the state.
Sen. Barnabas Gemade, an APC chieftain, disagreed with the main opposition PDP, noting that as much as the Constitution in Section 11(14), (5) provides for the National Assembly intervention when a state assembly is unable to perform its functions, hold a meeting and transact its business, the “Benue State House of Assembly has one leadership, enjoys full quorum at all sittings and has continuously been performing its functions.”
Also, a coalition of Civil Society Organisations (CSOs) on the platform of Coalition for Good Governance and Transparency in Nigeria (CGGTN) has called on the Attorney General of the Federation, Lateef Fagbemi, SAN, and the National Judicial Council (NJC) to urgently intervene in the matter.
Speaking at a press conference in Abuja last Wednesday, the group led by Okpanachi Jacob, asked the NJC to constitute a panel to investigate Justice Ikpambese over his alleged act of compromise, sabotage and bias against the judge.
He said , “We strongly call on the Benue State Governor and the State House of Assembly not succumb to the antics of the political enemies within and outside Benue State who are now using some officials to distract this current purposeful and working government in the State,” the coalition said.
