The Benue house of assembly has rejected the intervention of the senate on the removal of Maurice Ikpambese as the chief judge of the state.
In a letter dated March 5 and addressed to the chairman of senate committee on judiciary, human rights and legal matters, Aondona Dajoh, speaker of Benue assembly, said the National Assembly has “no oversight authority” over the state legislature.
On February 18, the Benue house of assembly recommended the removal of Ikpambese over alleged abuse of office and gross misconduct.
The resolution was made after a letter from Hyacinth Alia, governor of Benue, was read during the plenary.
Twenty-three out of the 31 lawmakers in the house reportedly voted for the removal of the chief judge.
After the plenary, 13 lawmakers distanced themselves from the removal of the chief judge.
Subsequently, the Benue assembly imposed a three-month suspension on the 13 lawmakers.
The National Judicial Council (NJC) had said Ikpambese would remain in office until an investigation into the petition against him is carried out.
The Nigerian Bar Association (NBA) faulted the removal of the Benue CJ, saying the decision was laughable.
During plenary on February 20, the senate ordered its committee on judiciary to probe the removal of the CJ.
In a letter addressed to Dajoh, Adegbanmire Ayodele, chairman of the senate committee, said the removal of the Benue CJ was carried out without due regard to the provisions of the law in respect to the tenure and removal of judicial officers under the provision of Section 292 of the 1999 constitution.
Ayodele asked members of the Benue assembly to address the situation.
Responding to the senator’s letter, the Benue speaker said the assembly understands the constitutional provisions surrounding the tenure and removal of judicial officers as enshrined in Section 292 of the 1999 Constitution (as amended).
The Benue speaker argued that matters concerning the appointment and removal of judicial officers fall within the jurisdiction of the state government and are subject to constitutional requirement.
He urged the senate to consider the doctrines of federalism and separation of powers, adding that the upper chamber can only play an advisory role.
He said any directive or resolution from the senate breaches the constitutional autonomy of the state assembly.
“A careful examination of the constitution and relevant national assembly statues does not expressly vest the Senate Committee on Judiciary, Human Rights and Legal Matters with direct supervisory or oversight authority over state houses of assembly in matters that are exclusively within their jurisdiction. See Section 4(2) and 88 of the 1999 Constitution,” the speaker said.
“The Benue State House of Assembly recognizes the sanctity of the judiciary and the necessity of ensuring that all actions conform strictly to the due process provisions of the constitution.
“To this end, the House remains steadfast in ensuring that its resolutions align with constitutional provisions.”
