By David Mzer
Thirteen members of the Benue State House of Assembly have distanced themselves from what they described as the purported resolution to remove the state Chief Judge, Justice Maurice Ikpambese.
Honourable Douglas Akya of Makurdi South Constituency announced the dissociation while addressing journalists at the residence of Hon. Beckie Orpin in Makurdi.
Twelve other members of the House, including Mrs. Orpin, were present at the briefing.
“This action is not only unconstitutional; it violates the principles of separation of powers and fair hearing, which are necessary for the sustenance of democracy,” Honourable Akya stated.
“The provisions of the Constitution of the Federal Republic of Nigeria 1999, as amended, clearly state that a Chief Judge of a state can only be removed on the recommendation of the National Judicial Council, which is responsible for disciplinary actions against judicial officers, and on an address supported by a two-thirds majority of members of the House of Assembly of a state praying for the removal of the state Chief Judge.”
“The attendance at today’s sitting was 31 members. The Speaker did not vote, and 13 members did not vote. Therefore, it is unimaginable that in an Assembly of 32 members, where 31 were in attendance and 13 members did not vote, the voting produced 23 votes,” he stressed.
Honourable Akya and his colleagues submitted that since none of the requirements for the removal of the Chief Judge had been met, they decided to distance themselves from the action as disciples of democracy and constitutionality.
We, the undersigned members of the Benue State House of Assembly, distance ourselves from the purported removal or any action at the Assembly against the office and person of the Chief Judge of Benue State, Justice Maurice A. Ikpambese.
This action is not only unconstitutional; it violates the principles of separation of powers and fair hearing, which are necessary for the sustenance of democracy.
The provisions of the Constitution of the Federal Republic of Nigeria 1999, as amended, clearly state the procedure for removing a Chief Judge of a state. Section 292 of the Constitution states that a Chief Judge of a state can only be removed under specific circumstances and with certain requirements, including:
The attendance at today’s sitting was 31 members. The Speaker did not vote, and 13 members did not vote. Therefore, it is unimaginable that in an Assembly of 32 members, where 31 were in attendance and 13 members did not vote, the voting produced 23 votes.
None of the above requirements had been fulfilled in the circumstances, and we, as great disciples of democracy and constitutionality, distance ourselves from this action.
Find attached the undersigned members:
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