Controversy, tension in Benue over attempts to remove Chief Judge

From Scholastica Hir, Makurdi

Attempts by members of the Benue State House of Assembly to remove the Chief Judge of Benue State, Justice Maurice Ikpambese, from office have not only generated tension and controversy in the state but have also been met with strong resistance.

Recall that members of the State House of Assembly, on Tuesday, approved the immediate removal of the Chief Judge over allegations of gross misappropriation of funds after 23 out of 31 members voted for his removal.

The decision followed a letter sent to the House by the state Governor, Rev. Fr. Hyacinth Alia, which was read on the floor of the House by the Majority Leader, Saater Tiseer. In the letter, the Governor alleged that the Chief Judge misappropriated and mismanaged the budgetary allocation and finances of the Benue State Judiciary.

The Chief Judge was also accused of abuse of office by issuing a directive to overturn the Benue State Electoral Law duly passed by the Benue State House of Assembly and assented to by the Governor of the state.

The Governor’s letter also accused Ikpambese of engaging with politicians and political officeholders for favourable judicial outcomes, indirect participation and incitement of industrial actions against the state executive, acts of bribery and corruption, as well as undue favouritism and dire insistence on cronies holding unmerited judicial positions.

The letter read, “Mr. Speaker, since his emergence as the Chief Judge of Benue State, Justice Maurice Ikpambese spends way beyond the budgetary allocation of the judiciary. Similarly, he has not, by any stretch of the imagination, rendered an account of expenditures from the state judiciary.

“There is a huge discrepancy in the financial figures under his watch from our findings. We shall consider this ground on financial infractions from the Benue State High Court, the Customary Court of Appeal, and the Benue State Judicial Service Commission.

“Available records secured from remittances from the Accountant-General to the High Court of Justice from January to December 2024 and bank statements from the High Court of Justice covering Zenith Bank, First Bank, Fidelity Bank, and Unity Bank indicate convincingly that Justice M.A. Ikpambese overspent the 2024 budget on international travels, training, and renovation of office buildings to the tune of N666,984,687.20, which contravened Sections 0206, 0632, and 0635 of the Financial Instructions (FI).”

The Governor had prayed the House to forthwith make the necessary recommendations for the removal of Honourable Justice Maurice 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), while directing the forwarding of 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 the abuse of his office as a judicial officer demonstrated by his confrontational disregard for the laws enacted by the state legislature and the financial infractions against him, pending the recommendation of the National Judicial Council as provided in Section 292(1)(b) of the Constitution of the Federal Republic of Nigeria (as amended).

He also urged the House to recommend the immediate swearing-in of the next-in-line judicial officer within the state as the Acting Chief Judge of Benue State.

Ruling, the Speaker, Hon. Hyacinth Dajo, who asked the Clerk of the House to divide the House, during which 23 members voted for the removal of the Chief Judge, said, “The Chief Judge stands removed, and the next in line should be sworn in immediately as Acting Chief Judge of the State.”

The action of the House members, however, did not sit well with 13 members who, a few hours after the pronouncement, dissociated themselves from the “purported resolution to remove the state Chief Judge.”

The 13 members, led by Hon. Douglas Akya of Makurdi South State Constituency, said the action was not only unconstitutional but also violated the principles of separation of powers and fair hearing, which are necessary for the sustenance of democracy.

The text signed by all 13 members read: “The provisions of the Constitution of the Federal Republic of Nigeria 1999, as amended, clearly state that a Chief Judge of a state can only be removed on the recommendation of the National Judicial Council (NJC), which is responsible for disciplinary actions against judicial officers on an address supported by a two-thirds majority of members of the House of Assembly of a state praying for the removal of the state Chief Judge.”

While they noted that attendance at the Tuesday sitting had 31 members, they explained that “The Speaker did not vote, and 13 members did not vote; therefore, it is unimaginable that in an Assembly of 32 members where 31 were in attendance and 13 members did not vote, the voting produced 23 votes.

“None of the above requirements had been fulfilled in the circumstances, and we, as great disciples of democracy and constitutionality, distance ourselves from this action.”

The following day, Wednesday, February 19, 2025, the House suspended the 13 members for three months for indulging in what the Speaker termed “dishonourable actions capable of casting aspersions and causing acrimony in the House.”

The suspended members include Mr. Douglas Akya (Makurdi South), Mr. Jonathan Agbidye (Katsina-Ala East), Mrs. Beckie Orpin (Gboko East), Mr. Simon Gabo (Ushongo-Mata), Mr. Williams Ortyom (Agasha), Mr. Onah Blessed (Oju 1), and Mr. Elias Audu (Gwer East).

Others are Mr. Anyor Mato (Kwande East), Mr. Manger Manger (Tarka), Mr. Solomon Gyila (Gwer West), Mr. Samuel Agada (Ogbadibo), Mr. Abraham Jabi (Buruku), and Mr. Ezra Nyiyongo (Ukum).

After their suspension, they were asked to return the monies paid to them for a foreign trip to government coffers, since they would no longer be embarking on the journey.

The House also condemned in the strongest terms the dishonourable actions of the member representing Makurdi South Constituency, Mr. Douglas Akya, and some others who, after voting for the removal of the State Chief Judge, went out denying voting in favour of the motion to remove him.

Earlier, in a motion, the Majority Leader, Saater Tiseer, recalled that they had, in the last sitting, received a complaint from the Attorney-General detailing allegations of gross misconduct, abuse of office, bribery and corruption, and other sundry allegations against the embattled Chief Judge. After exhaustive deliberation, the House went into a division where 23 members out of 31 present voted in support of the recommendation to remove the Judge.

Mr. Tiseer disclosed that after the House adopted resolutions on the matter, the 13 suspended members, some of whom voted in support of the recommendation to remove Justice Ikpambase, publicly dissociated themselves from the process in which they took part, thereby contravening Order IX, Rule 58(6) of the House Standing Rules.

The Majority Leader noted that the actions of the 13 members were not only dishonourable but also an afterthought and a deceptive posture capable of causing acrimony and casting aspersions on the House. Among other prayers, he called on the House to suspend them for a period of three months.

The 13 members have also reacted to their suspension from the House, describing it as unacceptable.

“Today, we have been suspended for standing against the arbitrariness, unlawful, and tyrannical practice by the House of Assembly.

“We are here to state in clear terms that we do not accept the suspension because the House lacks the power to suspend us beyond 14 days, as indicated in the Standing Rules of the House, Order 10, Rule 73, which states that no member of the House can be suspended beyond 14 days. The suspension is therefore null and void.”

Akya said the Constitution of the Federal Republic of Nigeria guarantees the right to freedom of speech and fair hearing.

He said the House, like in the case of the Chief Judge, completely neglected that aspect of the Constitution and didn’t give them fair hearing.

They described the suspension as an attempt to subdue democracy and intimidate them, saying they reject it totally.

Our correspondent reports that the attempts to remove the Chief Judge of the state have been trailed by controversies, with some groups condemning the act.

One of such groups, the Coalition of Registered Political Parties (CRPP) in Benue State, strongly condemned the act, describing it as a blunder.

The group, led by Bishop Benjamin Ijachi, at a press conference on Wednesday, said CRPP in Benue State categorically condemns the unprecedented intimidation and abuse of power orchestrated by the state government in a reckless attempt to remove the Chief Judge without following due process.

Ijachi said the act was a clear assault on the rule of law and an affront to democracy.

He blamed the Attorney General and Commissioner for Justice and Public Order, Barr. Fidelis Mnyim, for failing to properly guide the Governor on the legal implications of the action, saying, “As the chief legal officer of the state, Mnyim should have been the first to caution the government against such an unlawful move.”

He said the move also exposed the Benue State House of Assembly as a body lacking basic knowledge of the law and legislative processes.

The group said, “The attempt to remove the Chief Judge of Benue State, Justice Maurice Ikpambese, is an outrageous abuse of power and a dangerous precedent. The judiciary is the last hope of the common man, and any attempt to undermine its independence must be strongly resisted.

“We, as political parties operating in Benue State, condemn this shameless act in its entirety and declare that enough is enough. The rule of law must be upheld, and the judiciary must be allowed to function effectively as the third arm of government, as enshrined in the Constitution of the Federal Republic of Nigeria.

“The judiciary should remain free from any form of interference from the Benue State Government.

“As political parties, we will not stand idly by while democracy is trampled upon. If this reckless abuse of power continues, we will have no choice but to escalate our concerns to the national leadership of all political parties, the National Judicial Council (NJC), and President Bola Ahmed Tinubu.”

They called on the Benue State Government to immediately disconnect itself from the unconstitutional attack on the judiciary, demanding an immediate reversal of this illegal attempt to remove the Chief Judge.

They also demanded a public statement from Attorney General Fidelis Mnyim denouncing the move and an apology from the State Assembly for embarrassing the state and undermining democracy.

“Anything short of this will be seen as a deliberate effort to destroy the judiciary and the rule of law in Benue State,” CRPP said.