Benue: Purported Removal Of Chief Judge, Unconstitutional, Says Idoma Lawyers

The Association of Idoma lawyers, has condemned in the strongest terms, the purported removal of the Benue State Chief Judge, by the State House of Assembly.

The association described the action of the lawmakers as a gross constitutional breach to destabilize the State Judiciary.

In a statement on Thursday, by Chief Godwin Obla (SAN) Leader, and Joshua Musa, (SAN), President, Association of Idoma Lawyers, the group submitted that they are stakeholders in the affairs of the Benue State Judiciary, and therefore, “will not be silent in the face of the uncivilized attack on this dignified arm of government popularly referred to as the “hope of the common man”.

The Idoma Lawyers insisted that any action done contrary to the sacred provisions of the Constitution is void adding that “the purported removal of the Chief Judge of Benue State, Hon. Justice Maurice Ikpambese is a nullity ab initio”.

While noting that the Members of the State House of Assembly swore to preserve, protect and defend the Constitution of Nigeria, however, the group said “this arm of government has brazenly violated the Constitutional oath the members took”.

It was the contention of Idoma Lawyers that Section 292(1)(a)(ii) of the Constitution was not complied with in the purported removal of the Benue State Chief Judge.

“Thirteen out of the Thirty-Two members of the House of Assembly came out to show clearly that the Governor did not act on an address supported by two-thirds majority of the House of Assembly of the State.

“Unfortunately, news have it that this Thirteen Honourable Members have been suspended from their legislative functions for three months for choosing to honour the oath they took to preserve, protect and defend the Constitution.

“The process of removing a Chief Judge of a State was clearly outlined by the apex Court in the case of HON. JUSTICE RALIAT ELELU-HABEEB & ANOR. v. ATTORNEY GENERAL OF THE FEDERATION & ORS. (2012) 13 NWLR (Pt. 1318) 423 at 494 – 495 paras. D – G”.

According to Obla and Musa, “the above Supreme Court authority puts to rest the insistence by the Majority Leader of the Benue State House of Assembly in his Press Conference in Makurdi on Thursday, the 20th of February, 2025, that the Chief Judge of the State stands removed from office.

“The role of interpretation of the Constitution is that of the Judiciary and not the Legislature.

“No amount of desperation to remove the Chief Judge can be justified under the present circumstance and the stand of the House of Assembly as voiced by Hon. Saater Tiseer, the Majority Leader, is an affront to the Constitution and the Rule of Law and a demonstration of crass ignorance of the Law and understanding of the Constitution” the Idoma Lawyers stated.

The Association posited that Benue State Judiciary has come a long way and has produced eminent Jurists, stressing that “the threat to the Judiciary in the State raises the question whether the Judiciary is being adequately funded”.

“The members of the House of Assembly were voted by their various Constituencies to effectively represent them and make Laws for the good governance of the State.

“This lame attempt to remove the Chief Judge of Benue State is embarrassing and regrettable.

“We commend the National Judicial Council, the Nigerian Bar Association, the Nigerian Labour Congress and all other organizations and persons for their timely intervention.

“We also commend the Benue State Judiciary for the unity displayed at this trying time and the laudable resistance put up against tyranny and abuse of the Constitution.

“The Legislative arm of government in Benue State must learn to function within the province of the Constitution of the Federal Republic of Nigeria, 1999, as amended, the group warned.