Kehinde Fajobi
The Nigerian Bar Association (NBA) has condemned the Benue State House of Assembly for directing Governor Hyacinth Alia to remove Justice Maurice Ikpambwese as the state’s Chief Judge, calling the move unconstitutional and inexcusable.
In a statement on Wednesday, February 19, NBA President Afam Osigwe (SAN) and General Secretary Mobolaji Ojibara criticised the resolution as a blatant violation of the Constitution, warning that no state assembly has the power to remove a Chief Judge without the involvement of the National Judicial Council (NJC).
“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 statement read.
The association stressed that removing a Chief Judge must follow due process, cautioning that any deviation threatens democracy and the rule of law.
It warned that bypassing the NJC’s role in judicial appointments and discipline sets a dangerous precedent that erodes public trust in legal institutions.
The NBA further criticised the assembly for acting without giving Justice Ikpambwese a fair hearing, stating that such actions undermine judicial independence and trample on constitutional safeguards.
It cited Sections 153 and 271 of the 1999 Constitution, which assign the NJC exclusive authority over judicial appointments and disciplinary matters.
“The Constitution gives the NJC the exclusive power to exercise disciplinary control over judicial officers, ensuring that any allegation of misconduct is thoroughly investigated and decided upon to maintain the integrity and independence of the judiciary,” the NBA stated.
Quoting Section 292(1)(a)(ii), the NBA explained that the only lawful procedure for removing a Chief Judge involves an NJC investigation, a formal recommendation, and approval by two-thirds of the state assembly.
It declared that the absence of these steps rendered the assembly’s directive null and void.
The association also called on law enforcement agencies to protect Justice Ikpambwese from any interference in carrying out his duties.
It urged Benue State High Court judges to reject any attempt to install an Acting Chief Judge, warning that no vacancy exists.
Directing its members to boycott the court of any judge who accepts the role, the NBA demanded that the NJC sanction any judge who complies with the assembly’s directive.
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“The NBA remains steadfast in its commitment to defend the integrity and independence of the Nigerian judiciary. We will not relent in our efforts to ensure that the rule of law prevails and that all actions by governmental bodies are conducted within the ambit of the Constitution.
“The arbitrary removal of judicial officers without adherence to due process is unacceptable and will be met with unwavering opposition from the legal community.
“We call on the Benue State House of Assembly to immediately rescind its unconstitutional decision and follow proper channels through the NJC for any grievances or allegations against judicial officers. This show of shame must stop,” the statement added.
The NBA warned that public officials must uphold the rule of law, stating that any action to the contrary undermines the very foundation of democracy.