The Benue State House of Assembly has said that the state Chief Judge, Justice Maurice Ikpambese, stands removed from office.
The Majority Leader of the Assembly, Saater Tiseer, said this at a press conference in Makurdi, the state capital, on Thursday.
Tiseer frowned at the statement jointly signed by Afam Osigwe (SAN) and Dr. Mobolaji Ojibara, President and Secretary, Nigerian Bar Association, where they condemned the CJ’s removal.
In the statement, the two legal luminaries described the removal as “a sham”.
Reacting to the statement, the Deputy Speaker said that NBA was “too hasty in castigating the action of the House”.
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He said: “NBA did not understand the issues and the workings of the assembly, yet it called our resolution a sham.
“NBA in haste committed a fundamental error of basing its condemnation on a completely non-existent issue and from reports on social media.”
Tiseer said that NBA predicated its press release on a faulty premise, relying on sections 153 and 271 of the 1999 Constitution (as amended), which deals with discipline and removal of judicial officers generally and establishment of the National Judicial Council (NJC).
He said: “The House recommended the removal of CJ pursuant to its powers under section 292(1)(a)(ii) of the 1999 Constitution.
According to him, under section 292 (1), A judicial officer shall not be removed from his office or appointment before his age of retirement, except in the following circumstances –
“(ii) Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State.
“Praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct.”
Tiseer argued that “the House did not recommend the removal of CJ as a judicial officer but as the CJ of Benue State as provided by the law.
He added: “The House did not originate any petition against the CJ.
“Therefore, it has no business with the NJC because the law only empowered them to act on the address of the governor, which they did.”
He also spoke on the suspension of 13 assembly members, who distanced themselves from the exercise.
He said: “They were sanctioned for deceiving Benue people and Nigerians as a majority of them voted for his removal during the plenary session.”
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