Benue CJ: NJC overrule Benue Assembly

Ogunsakin Mustapha
3 Min Read
Justice Maurice Ikpambese remains Benue State Chief Judge

Justice Ikpambese Remains Benue Chief Judge, Says NJC

By Hassanat Adebowale

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The National Judicial Council (NJC) has affirmed that Justice Maurice Ikpambese remains the Chief Judge of Benue State. This clarification came in response to a media report suggesting that the Benue State House of Assembly had recommended his removal.

In a statement issued on Tuesday by Mrs. Kemi Ogedengbe, Deputy Director of Information, the NJC addressed the situation. “The attention of the NJC has been drawn to a certain media report to the effect that the Benue State House of Assembly has purportedly passed a resolution recommending the removal of Justice Ikpambese as Chief Judge of Benue from office,” the statement read.

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The NJC emphasized that there are clear and unambiguous provisions in the 1999 Constitution of the Federal Republic of Nigeria regarding the discipline and appointment of judicial officers, which are vested in the council. The NJC stated that these constitutional provisions were not adhered to in this case.

“Although the council received a petition against Ikpambese this morning, that petition is yet to be investigated in line with the council’s investigation procedure and the principles of fair hearing,” the statement continued.

The NJC added that until the complaint is thoroughly investigated and deliberated upon, Justice Ikpambese remains the Chief Judge of Benue State.

Justice Maurice Ikpambese remains Benue State Chief Judge

According to Section 292(1)(a)(ii) of the 1999 Constitution of Nigeria (as amended), a Chief Judge can only be removed if the Governor acts on an address supported by a two-thirds majority of the State House of Assembly. Additionally, Section 292(1)(b) requires that the President or Governor must act based on the NJC’s recommendation if the removal is for misconduct, infirmity, or violation of the Code of Conduct.

The Benue State House of Assembly’s resolution to remove Justice Ikpambese seems to have bypassed the NJC’s role in this process. The NJC has mentioned that it just received a petition against the Chief Judge and hasn’t investigated it yet. Therefore, any attempt to remove him without the NJC’s recommendation would be unconstitutional.

Legally, Justice Ikpambese remains the recognized Chief Judge of Benue State until the NJC completes its investigation, deliberates, and makes a formal recommendation. Any move to remove him solely based on the Assembly’s resolution could face legal challenges for not following constitutional procedures.

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