By Atomide Otitoju
The Nigerian Bar Association (NBA) has strongly criticized the Benue State House of Assembly’s resolution directing Governor Hyacinth Alia to remove Justice Maurice Ikpambwese as the state’s Chief Judge, calling the move unconstitutional and a blatant violation of due process.
In a statement issued on Wednesday and jointly signed by NBA President Afam Osigwe (SAN) and General Secretary Mobolaji Ojibara, the association described the resolution as “inexcusable” and a breach of the Nigerian Constitution.
NBA Faults Assembly’s Overreach
The legal body stressed that no state legislature has the authority to remove a Chief Judge without the involvement of the National Judicial Council (NJC), as required by law.
“The Nigerian Bar Association views with contempt the purported resolution passed by the Benue State House of Assembly directing Governor Hyacinth Alia to remove the Chief Judge, Honourable Justice Maurice Ikpambwese, from office.
The resolution is not only unjustifiable but violates the spirit and intent of the Constitution of the Federal Republic of Nigeria.
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 further condemned the assembly’s claim of authority over judicial appointments, stating that such an action undermines the separation of powers and threatens judicial independence.
Falana Calls for Disciplinary Action Against Lawyer-Lawmakers
Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, also weighed in on the controversy, urging the NBA to sanction the lawyers who are members of the Benue State House of Assembly for their role in what he described as an illegal resolution.
In a statement made available to journalists, Falana noted that while the NBA was right to condemn the Assembly’s action, the association should go a step further by referring the lawmakers involved to the Legal Practitioners Disciplinary Committee (LPDC) and the Body of Benchers for professional misconduct.
Citing a Supreme Court ruling, Falana reiterated that a state Chief Judge cannot be removed from office without a prior investigation conducted by the NJC.
“The leadership of the legal profession must follow the examples of other democracies by sanctioning lawyers who use their official positions to undermine democracy.”
Assembly’s Controversial Vote on Chief Judge’s Removal
The Benue State House of Assembly voted to remove Justice Maurice Ikpambwese on Tuesday, following a petition from Governor Hyacinth Alia, who accused the Chief Judge of:
Abuse of office
Tampering with the State Local Government Election Law
Corruption and bribery
Inciting judicial strikes
Fraternizing with politicians
In a divided vote, 13 out of the 31 lawmakers rejected the move, signaling deep divisions within the state legislature.
Following the removal, the Assembly recommended the swearing-in of Justice Theresa Igoche, the next most senior judge, as the acting Chief Judge of the state.
Legal and Constitutional Implications
The removal of Justice Ikpambwese without NJC involvement is expected to spark legal battles, as similar past attempts by state assemblies to oust Chief Judges have been overturned in court.
The NBA has vowed to resist what it called an unconstitutional usurpation of judicial powers, warning that the development sets a dangerous precedent for Nigeria’s judiciary and democratic governance.
