1 day ago
28
When he was sworn in by former Governor Samuel Ortom on Tuesday, April 11, 2023, as Benue State Chief Judge, Justice Maurice Ikpambese made a pledge to abide by the oath of office he took to uphold the constitution, in addition to ensuring improvement in Justice delivery and infrastructural development in the state judiciary.
Ikpambese had a fertile ground to achieve all he pledged to do during his swearing in, especially given that Governor Hyacinth Alia also assumed office a few weeks after him.
Since his assumption of office on May 29, 2023, Governor Alia has left no stone unturned in ensuring that the state judiciary does not only operate independently but given all the needed financial and infrastructural support to conveniently and professionally discharge their responsibilities.
This the governor demonstrated during the recent swearing in of four High Court Judges and two Customary Court of Appeal judges in the state.
The Governor realizing the importance of a strong judiciary advised the judges to be impartial arbiters, defenders of justice, and protectors of the Constitution, saying they should dispense justice without fear or favor, affection or ill-will, as the people of Benue State look up to them to ensure that the law is applied with fairness, equity, and a deep sense of humanity.
He said, “Judges are the guardians of justice, ensuring that the rights and liberties of all individuals are protected and upheld. They also play a crucial role in maintaining the integrity of our legal system and ensuring that justice is served.”
Gov. Alia assured the Benue State Judiciary that his administration is committed to ensuring the independence of the judiciary and will not do anything nor take any steps to undermine its independence.
He said, “We shall continue to uphold the constitutional provisions on the rule of law and the principles of separation of powers.”
Alia reminded the new judges of the importance of their role, as aptly captured in the judicial oath, and the trust that has been placed in them to remember that the decisions they make will have a profound impact on the lives of individuals and the fabric of our society.
He stated that his administration has demonstrated its commitment to these tenets by fully granting financial autonomy to the judiciary and the legislature in Benue State.
“Indeed, the fruits of this giant move have begun to spring forth, as evidenced by the numerous transformative projects undertaken by the judiciary.”
“The transformative projects include, among others, the creation of the Benue State Judiciary Website, which is fully functional as part of the ongoing automation of the entire judiciary management system to meet international standards; acquisition of a large property behind the Catholic Youth Centre for a new complex to replace the property ceded to the Court of Appeal; renovation of judges’ residences in Makurdi, Otukpo, Okpoga, and the one recently burned at Zaki-Biam; ongoing construction of new courts at Igumale and Jato-Aka; ongoing court renovation at the Court Headquarters – Courts 5, 6, and 11, North Bank, and Daudu; renovation of the judiciary guest house; and construction of a lawn tennis court.”
However, a year and some months down the line, it appears the Benue Chief Judge has a personal agenda to pursue order than the attainment of a healthy judiciary despite the Governor’s enormous support, entrenchment of rule of law and enabling judiciary environment.
The many ‘sins’ of Justice Maurice Ikpambese
Allegations of misconduct against Justice Ikpambese did not start overnight. Some Civil Society Organisations (CSOs), interest groups, and others have since last year (2024) demanded for the stepping aside and investigation of the Chief Justice. However, when the agitation did not get the desired attention, some activists including Optimum Media Limited on 15, June 2024 sued Governor Alia, Attorney General of the state and Commissioner for Justice and Public Order, Fidelis Mnyim; Speaker of the House of Assembly, Hyacinth Dajo; and the Benue State House of Assembly over refusal by the State Government to honour calls to investigate the embattled Chief Judge.
The case was filed at the Federal High Court of Nigeria in the Makurdi Judicial Division, Holden at Makurdi with suit number FHC/MKD/CS/56/2024.
According to court documents, the plaintiff is seeking, amongst other things, an order of mandamus to compel the defendants to investigate the Chief Judge of Benue State, Hon. Justice Maurice Ikpambese, over allegations of judicial misconduct, abuse of office, gross disobedience to a valid court judgment, and financial mismanagement.
Gov. Hyacinth’s request to Benue Assembly
Reacting to the complaints against the Ikpambese, Governor Alia towed the line of decency, formally made a request to the Benue State House of Assembly to suspend Justice Ikpambwase to allow for proper investigations into the allegations against him.
The Governor in a letter sent to the House on Tuesday, February 18, and read on the floor of the House by the Majority Leader, Saater Tiseer 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 therefore 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.”
However, the National Judicial Council (NJC) has opposed the removal saying Ikpambese remains the state’s chief judge until the complaints brought against him are investigated and deliberated upon by the council This was revealed in a statement on Wednesday signed by the spokesperson for the council, Kemi Ogedengbe.
“The attention of the National Judicial Council 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 the State Chief Judge, Justice Maurice Ikpambese, from office.
“Unfortunate as this development is, council wishes to reiterate that there are clear and unambiguous provisions of the Constitution of the Federal Republic of Nigeria, 1999 on discipline and appointment of judicial officers vested in the council, which clearly are not adhered to in the instant case.
“Although the council had this morning received a petition against Justice Maurice Ikpambese, that petition is yet to be investigated in line with council’s investigation procedure and the principles of fair hearing,” the statement reads in part.
Appeal to NJC
It is in the light of the foregoing, well-meaning Benue residents are appealing the National Judicial Council (NJC) to allow for a speedy, transparent and thorough investigation into the allegations brought against Ikpambese. They are also calling for his suspension pending the outcome of the investigation as his continue stay in office could jeopardise unfettered investigation. According to them, a thorough and unbiased investigative process into the allegations against the embattled Chief Justice can not be guaranteed if he (Ikpambese) remains in office.
“The Benue House of Assembly’s decision to act on the Governor’s prayer to suspend and recommend the swearing-in of an Acting Chief Judge is borne out of the need to facilitate a transparent investigation. Ikpambese can not be a judge in his own case. It is obvious that the outcome will be flawed if he remains the Chief Justice while being investigated.
“We also hope the NJC will be bold enough to sanction Ikpambese if found guity of the allegations to serve as deterrent to other judges who may want to emulate his unedifying conduct.”
The NJC should help rescue judiciary in Benue from the vice like grip of Ikpambese and his clique,” a concerned resident and political commentator said.
English (US) ·