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The National Judicial Council, NJC, Wednesday, voided the removal of Justice Maurice Ikpambese as the Chief Judge of Benue State.
The Council in a statement made available to newsmen, stressed that the Benue State House of Assembly was bereft of the statutory powers to recommend the removal of the CJ.
It maintained that under the 1999 Constitution, as amended, only the NJC was vested with the powers to appoint or to discipline erring judicial officers.
However, the Council disclosed that it had on Wednesday morning, received a petition that was written against the embattled CJ.
It said until the petition is fully investigated, Justice Ikpambese would remain in office as CJ of the state.
The statement, which was signed by the Deputy Director of Information at the NJC, read: “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, Hon. 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, as amended, on discipline and appointment of Judicial Officers, vested in the Council, which are not adhered to in the instant case.
“Although the Council had this morning, received a petition against Hon. Justice Maurice Ikpambese, that petition is yet to be investigated in line with Council’s Investigation Procedure and the principle of fair hearing.
“As far as Council is therefore concerned until the complaint is investigated and deliberated upon by it, Hon. Justice Maurice Ikpambese remains the Chief Judge of Benue State.”
Meanwhile, the Nigerian Bar Association, NBA, has urged the NJC to sanction any judge of the Benue State High Court that accepts to be made the acting Chief Judge of the state.
The legal body, in a statement that was co-signed by its President and General Secretary, Mazi Afam Osigwe, SAN, and Dr. Mobolaji Ojibara, respectively, maintained that Sections 153 and 271 of the 1999 Constitution, as amended, established the NJC as the body responsible for recommending the appointment and removal of state Chief Judges.
“The Constitution gives the NJC the exclusive power of exercising disciplinary control over judicial officers, by ensuring that any allegation of misconduct is thoroughly investigated and decided to maintain the integrity and independence of the judiciary.
“It is disheartening that the Benue State House of Assembly does not know or pretends not to know that the process for the removal of a Chief Judge of a state is expressly provided for under Section 292(1)(a)(ii) of the Constitution.
“The absence of an investigation, hearing and recommendation from the NJC renders the purported removal of Hon. Justice Maurice Ikpembese unconstitutional, null, and void.”
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