Benue Assembly's Bold Move: The High-Stakes Battle Over Chief Judge Ikpambese’s Removal

 

Benue Assembly's Bold Move: The High-Stakes Battle Over Chief Judge Ikpambese’s Removal

Clash of Constitutional Powers

The Benue State House of Assembly's decision to remove Chief Judge Justice Maurice Ikpambese has triggered a legal and political firestorm. This unprecedented action has drawn sharp criticism from the Nigerian Senate, the National Judicial Council (NJC), and the Nigerian Bar Association (NBA), raising fundamental questions about judicial independence and legislative overreach.



At the heart of the controversy lies a battle over constitutional interpretation: Did the Benue Assembly act within its legal rights, or has it undermined the judiciary's autonomy?

Benue Assembly’s Defense: Standing Its Ground

Speaker of the Benue State House of Assembly, Hon. Aondona Dajoh, insists that the legislature acted lawfully. In his public statement on March 5, 2025, he cited Section 292 of the 1999 Constitution, which outlines the removal process for a Chief Judge.

Key points from the Benue Assembly’s stance:

  • The Assembly secured a two-thirds majority vote before proceeding with the removal.
  • Federalism guarantees state autonomy, making Senate interference unwarranted.
  • Any dispute should be settled through legal proceedings, not political interventions.

"The Senate does not have oversight over state legislative functions. Our actions were guided by the constitution, and we followed due process," Dajoh declared.

This defiant position underscores the Assembly's intent to defend its decision, despite mounting pressure from federal institutions.

Senate’s Warning: A Breach of Due Process?

The Nigerian Senate, through its Committee on Judiciary, Human Rights, and Legal Matters, has strongly opposed the Chief Judge’s removal. In a letter dated February 27, 2025, Senator Adegbanmire Ayodele labeled the action unconstitutional, citing a violation of Section 292 of the 1999 Constitution.

Concerns raised by the Senate:

  • The removal process must include an NJC recommendation, which was allegedly bypassed.
  • Ignoring due process could jeopardize the integrity of Nigeria’s judiciary.
  • The Benue Assembly must reverse its decision or face legal consequences.

"Judicial independence is the backbone of democracy. Any unlawful interference weakens public trust in our legal system," said Senator Ayodele.

With the Senate firmly opposing the move, the situation is evolving into a constitutional standoff between state and federal authorities.

NJC and NBA’s Position: Defending Judicial Independence

NJC's Verdict: Ikpambese Remains Chief Judge

The National Judicial Council (NJC) has dismissed the Assembly’s decision, stating that Justice Ikpambese remains in office until a proper investigation is conducted. The NJC insists that no state legislature can remove a Chief Judge without its formal recommendation.

NBA’s Outrage: A Dangerous Precedent?

The Nigerian Bar Association (NBA) has condemned the Benue Assembly’s move as a constitutional violation. The legal body argues that a judicial officer of Ikpambese’s rank cannot be removed without due process, warning that such actions could erode judicial credibility.

"This is an affront to judicial independence. The rule of law must be respected, or democracy itself is at risk," an NBA spokesperson stated.

Despite the official stance, 13 out of 32 Assembly members opposed Ikpambese’s removal, arguing that:

  • The required two-thirds majority was not achieved.
  • The Assembly overstepped its constitutional boundaries.
  • The move was politically motivated rather than legally justified.

This division within the Assembly signals potential legal battles ahead, with dissident lawmakers expected to challenge the decision in court.

Legal analysts highlight Section 292(1)(a)(ii) of the 1999 Constitution, which states:

  • Only the NJC can recommend the removal of a Chief Judge.
  • The Governor must act based on the NJC’s recommendation.
  • The State Assembly must confirm the removal with a two-thirds majority vote.

By allegedly bypassing the NJC, the Benue Assembly’s decision may be legally untenable, potentially leading to a Supreme Court intervention.

This legal battle could reshape Nigeria’s judicial removal process, setting a precedent for future conflicts.

The Benue Chief Judge removal saga has now evolved into a national issue, with key stakeholders closely watching the next moves.

Possible Scenarios:

  1. Court Reversal: The judiciary may rule against the Assembly, reinstating Ikpambese.
  2. Political Negotiation: A middle-ground solution may emerge through dialogue.
  3. Legislative Pushback: The Assembly could amend its legal strategy to solidify its position.

Whatever the outcome, this case will set a defining legal precedent in Nigeria’s constitutional history.

The Benue Assembly vs. Justice Ikpambese saga is a high-stakes constitutional battle that has captured national attention.

  • The Assembly claims it followed the law, citing legislative authority.
  • The Senate and legal bodies argue due process was violated.
  • The Supreme Court may ultimately decide the case, shaping future judicial removals.

This unfolding drama underscores the delicate balance of power between the legislature and the judiciary, reminding all institutions that the Constitution remains the ultimate referee.

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