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Benue: Purported Removal Of Chief Judge, Unconstitutional, Says Idoma Lawyers
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.
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2026 Constitution Amendment Bill Moves to States
By Fabian Apechihin
The 2026 Constitution Amendment Bill has moved to the state level following its consideration by the National Assembly, paving the way for state legislatures to consider the proposed amendments.
The development comes amid renewed attention on constitutional reform and ongoing discussions over proposed changes to Nigeria’s governing framework.
Meanwhile, the House of Representatives has defended FCT Minister Nyesom Wike over allegations surrounding borrowing by the Federal Capital Territory Administration.
House spokesperson Akin Rotimi Agbese, speaking in an interview with Channels Television, rejected claims that Wike had undertaken borrowing without the knowledge or approval of the National Assembly.
Agbese said the FCT minister could not independently create a sovereign borrowing obligation, stressing that public borrowing is subject to constitutional, statutory and administrative procedures.
“Wike has committed no infraction in borrowings. There is no basis for the allegation that he has been borrowing money behind the back of the National Assembly,” Agbese said.
He explained that borrowing to finance infrastructure was not unlawful where the required approvals and procedures had been followed.
“Borrowing for infrastructure development is not unlawful in itself, provided the prescribed approvals and procedures are followed,” he added.
The House spokesperson further argued that an increase in the FCT’s debt profile should not automatically be interpreted as evidence of illegal borrowing, citing the scale of infrastructure projects being undertaken in Abuja under Wike.
According to Agbese, the key issue is whether the appropriate approvals were obtained for specific borrowing transactions, rather than simply whether the FCT’s overall debt profile has increased.
The comments come as scrutiny continues over public borrowing, infrastructure financing and the legal procedures governing government debt at both the federal and sub-national levels.
Uncategorized
2026 Constitution Amendment Bill Moves to States
By Fabian Apechihin
The 2026 Constitution Amendment Bill has moved to the state level following its consideration by the National Assembly, paving the way for state legislatures to consider the proposed amendments.
The development comes amid renewed attention on constitutional reform and ongoing discussions over proposed changes to Nigeria’s governing framework.
Meanwhile, the House of Representatives has defended FCT Minister Nyesom Wike over allegations surrounding borrowing by the Federal Capital Territory Administration.
House spokesperson Akin Rotimi Agbese, speaking in an interview with Channels Television, rejected claims that Wike had undertaken borrowing without the knowledge or approval of the National Assembly.
Agbese said the FCT minister could not independently create a sovereign borrowing obligation, stressing that public borrowing is subject to constitutional, statutory and administrative procedures.
“Wike has committed no infraction in borrowings. There is no basis for the allegation that he has been borrowing money behind the back of the National Assembly,” Agbese said.
He explained that borrowing to finance infrastructure was not unlawful where the required approvals and procedures had been followed.
“Borrowing for infrastructure development is not unlawful in itself, provided the prescribed approvals and procedures are followed,” he added.
The House spokesperson further argued that an increase in the FCT’s debt profile should not automatically be interpreted as evidence of illegal borrowing, citing the scale of infrastructure projects being undertaken in Abuja under Wike.
According to Agbese, the key issue is whether the appropriate approvals were obtained for specific borrowing transactions, rather than simply whether the FCT’s overall debt profile has increased.
The comments come as scrutiny continues over public borrowing, infrastructure financing and the legal procedures governing government debt at both the federal and sub-national levels.
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2027: PDP Insists on Presidential Contest Despite Wike’s Support for Tinubu
By Fabian Apechihin
The Peoples Democratic Party (PDP) has reaffirmed its intention to contest the 2027 presidential election despite the decision of Federal Capital Territory Minister, Nyesom Wike, to support President Bola Ahmed Tinubu’s re-election bid.
The party said Wike’s decision was personal and did not alter its position to participate in the presidential election with its candidate, Senator Sandy Onor. PDP National Publicity Secretary, Jungudo Haruna Mohammed, made the clarification on Wednesday.
According to the party, a recent conversation between Wike and Onor should not be interpreted as a political negotiation between the minister and the PDP.
“He told Nigerians that Sandy is his friend. And they only had a friendly discussion within the umbrella of friendship. So, that is just a personal discussion between him and his friend,” Mohammed said.
He added that Wike’s support for Tinubu did not prevent the PDP from fielding candidates for the presidential, governorship and legislative elections.
Wike had earlier clarified that his support in 2027 was specifically for Tinubu’s presidential re-election and did not amount to an agreement that the PDP would withdraw from other electoral contests. He also said he never promised that the PDP would abandon its candidates for governorship, National Assembly and State House of Assembly elections.
“I said I will support the President from day one. I never told Mr President I will join APC,” Wike said.
The minister also maintained that his proposed Rainbow Coalition was not an arrangement with the All Progressives Congress (APC), but rather a platform through which politicians from different parties could mobilise support for Tinubu’s re-election.
The issue has generated disagreement with some APC governors, who have expressed concern about a political arrangement that could affect the party’s candidates at other levels.
APC Progressive Governors’ Forum Chairman, Hope Uzodinma, said the governors would not support any alliance or arrangement that could weaken the APC or adversely affect its candidates.
Meanwhile, APC presidential campaign council spokesperson Ima Niboro has urged Wike and APC governors to end their public exchanges and concentrate on political mobilisation.
“When I said tone down the rhetoric, I do not mean stop working. Stop talking, go and work,” Niboro said.
He urged political leaders to strengthen their grassroots structures and engage directly with voters rather than continue exchanging statements in the media.
“All this shouting is not taking anybody anywhere. Go and work. Go and establish your authority on your political base,” he said.
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