The Nigerian Bar Association (NBA) has strongly condemned the Benue State House of Assembly’s recommendation to remove the Chief Judge of the state, Justice Maurice Ikpambese, describing it as a brazen assault on the Nigerian Constitution and a dangerous affront to judicial independence.
In a statement released via its official X handle, Sahara Reporters announced the NBA’s position, highlighting the association’s firm rejection of the legislative body’s actions.
The Benue State House of Assembly had recommended Justice Ikpambese’s removal over allegations of gross misconduct, abuse of office, and financial misappropriation. Lawmakers accused him of overturning a state electoral law passed by the Assembly and signed by Governor Hyacinth Alia. Additionally, he was alleged to have engaged in undue favoritism, improper political involvement, and played a role in the industrial action by judicial workers against the government.
The resolution to remove the Chief Judge followed a correspondence from Governor Alia, which was read on the floor of the House by Majority Leader Saater Tersee. The governor accused Justice Ikpambese of violating ethical judicial standards and mismanaging the 2024 budgetary allocation of the judiciary.
Reacting to these developments, the NBA, in a statement signed by its President, Afam Osigwe (SAN), and General Secretary, Dr. Mobolaji Ojibara, declared the House’s resolution unjustifiable and unconstitutional.
The NBA asserted that removing a judicial officer, particularly a Chief Judge, must strictly follow due process as enshrined in the Constitution. Any deviation, it warned, undermines the rule of law and democracy.
> “It is laughable for any State House of Assembly to assume it has the authority to recommend the removal of a Chief Judge without the involvement of the National Judicial Council (NJC),” the statement read.
The NBA insisted that only the NJC has the power to investigate and recommend the removal of judicial officers. The association cited Sections 153 and 271 of the 1999 Constitution, which establish the NJC as the only competent body to oversee the appointment and removal of state Chief Judges.
The legal body dismissed the House’s recommendation as a clear violation of constitutional provisions, emphasizing that the absence of an NJC-led investigation renders the move unconstitutional, null, and void.
> “The Benue House of Assembly has exhibited either a gross misunderstanding of the law or a deliberate intent to trample on constitutional safeguards,” the NBA said.
It further warned that if the unconstitutional decision is not rescinded, it would set a dangerous precedent and weaken public confidence in Nigeria’s legal system.
The NBA has directed all branches of the association in Benue State to boycott the court of any judge who accepts to act as the Chief Judge.
> “We strongly advise all High Court judges in Benue State to resist any temptation to accept a questionable appointment. No vacancy exists in the office of the Chief Judge,” the statement read.
Furthermore, the NBA called on the National Judicial Council to sanction any judge who agrees to be appointed as acting Chief Judge in defiance of constitutional processes.
The NBA issued a final demand:
> “We call on the Benue State House of Assembly to immediately rescind its unconstitutional decision. Any grievances or allegations against judicial officers must be addressed through the NJC, not through legislative overreach. The show of shame must stop.”
The association reaffirmed its commitment to defending judicial independence and vowed to vigorously oppose any unlawful actions that threaten the sanctity of the judiciary.
With this bold stance, the NBA has drawn a clear battle line—one that will test the commitment of Nigeria’s political institutions to constitutional democracy.
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