Senate Frowns At Breach Of Constitution In Benue Assembly

The Nigerian Senate on Thursday condemned the removal of the Chief Judge of Benue State, Justice Maurice Ikpambese, by the Benue State House of Assembly, describing the action as a breach of the Constitution of the Federal Republic of Nigeria.

The Senate’s position followed a point of order raised by the Minority Leader, Senator Abba Moro (Benue South), who decried the unlawful removal of the Chief Judge.

According to Senator Moro, the incident occurred at the Benue State Assembly on Wednesday, where Justice Ikpambese was forcibly removed from office in an alleged breach of due process.

“The said crisis stems from the purported removal of Justice Dambisi Norris, the Chief Judge of Benue State, by the State House of Assembly without having a recourse to the tenet of the Constitution of the Federal Republic of Nigeria, 1999 as amended, which states explicitly in Section 153 and 271 that the National Judicial Council is the only body that authorizes the appointment and removal of state chief judges.

“The Constitution in the same sections goes further to state the procedures for appointment and removal of state judges, and anything outside the provisions of the Constitution is a direct affront to the Constitution and a danger to democracy.

“Lastly, Section 292.1a of the aforementioned Constitution expressly provides for the step-by-step procedure for the removal of the state chief judges. However, the Benue State House of Assembly, without ignorance, or with intention to make a caricature of our Constitution, went ahead to sit and pass a resolution just by themselves purporting to have removed the chief judge of Benue State.

“A resolution that brings a great insult to the Constitution of the Federal Republic of Nigeria, 1999 as amended, and if not reversed, may lead to abuse of the powerful document that provides for the entire country,” he said.

He further revealed that 13 members of the Assembly who opposed the Chief Judge’s removal were suspended for three months by the Speaker, Hon. Aondona Dajor.

Joining the debate, Senator Seriake Dickson (Bayelsa West) expressed deep concern over the constitutional implications of the incident, warning that such actions could set a dangerous precedent for political office holders.

In his ruling, Senate President Godswill Akpabio condemned the removal of the Chief Judge, emphasizing that the matter was already before the Disciplinary Judges for review.

To ensure due process and accountability, the Senate Committee on Judiciary and Legal Matters has been directed to investigate the situation and report back within two weeks.

END

The said crisis stems from the purported removal of Justice Dambisi Norris, the Chief Judge of Benue State, by the State House of Assembly without having a recourse to the tenet of the Constitution of the Federal Republic of Nigeria, 1999 as amended, which states explicitly in Section 153 and 271 that the National Judicial Council is the only body that authorizes the appointment and removal of state chief judges.

“The Constitution in the same sections goes further to state the procedures for appointment and removal of state judges, and anything outside the provisions of the Constitution is a direct affront to the Constitution and a danger to democracy.

Lastly, Section 292.1a of the aforementioned Constitution expressly provides for the step-by-step procedure for the removal of the state chief judges. However, the Benue State House of Assembly, without ignorance, or with intention to make a caricature of our Constitution, went ahead to sit and pass a resolution just by themselves purporting to have removed the chief judge of Benue State.

“A resolution that brings a great insult to the Constitution of the Federal Republic of Nigeria, 1999 as amended, and if not reversed, may lead to abuse of the powerful document that provides for the entire country.