Nigerian Senate advises NJC to resolve purported removal of Benue Chief Judge

The Nigerian Senate has called the National Judicial Council (NJC) to take further steps to resolve the purported removal of Benue Chief Judge Justice Maurice Ikpambese, in line with Constitutional provisions.

It also called upon its Committee on Judiciary and Human Rights to investigate the matter and report back to senate in two weeks.

Senate resolutions was sequel to the adoption of a motion at plenary on Thursday.

The motion titled “looming Constitutional Crisis in Benue State “was sponsored by Sen.Abba Moro.(PDP-Kogi)and two other senators from Benue State.

Moro, who moved his motion under matters of urgent national importance said the National Assembly amongst other things, has the responsibility as the highest law-making body in Nigeria to protect and preserve the Constitution of the Federal Republic of Nigeria.

He said it was the responsibility of the National Assembly to ensure compliance, prevent violations, while ensuring the constitution remains the supreme law of the land.

He said there was a looming constitutional crisis currently in Benue state saying, if not nip in the bud may spring to become a great threat to democracy and rule of law in the entire country.

He said the crisis stems from the purported removal of Justice Maurice Ikpambese,the Chief Judge of the state by the State House of Assembly without having recourse to the tenets of the law.

He said that the Constitution of the Federal Republic of Nigeria, 1999 as amended, states explicitly in Section 153 and 271 that the National Judicial Council is the only body that authorises the appointment and removal of state chief judges.

“And the constitution in the state sections goes further to state the procedure for appointment and removal of state judges and anything outside the provisions of the constitution is a direct affront to the constitution and a danger to democracy.”

Moro said the constitution expressly provides for the step-by-step procedure for the removal of the State Chief Judges.

“However, the Benue State House of Assembly, with utter ignorance of what the law is, or with intention to make a caricature of our grand norm, the Constitution, went ahead to sit and pass a resolution, just by themselves, purporting to have removed the Chief Judge by themselves. ”

He said the resolution of the Benue State House of Assembly was a great insult to the constitution of the Federal Republic of Nigeria as amended.

“And if not reversed, may lead to abuse of the powerful document that provides for the entire country,The PDP Benue Senator said.

Sen.Titus Zam(APC-Benue) ,who seconded the motion said 14 members of the assembly objected against the purported removal of the Chief Judge, alleging that the Speaker was acting a script, as the aggrieved lawmakers were latter suspended by the House of Assembly, saying that there was a looming constitutional crisis in Benue state .

Sen.Emmanuel Udende (APC-Benue) said the actions of the Benue State House of Assembly on purported removal of the State Chief Judge was beyond the powers of the assembly.

He urged the senate not allow the looming Constitutional crisis in Benue State.

Sen.Seriake Dickson(PDP-Bayelsa) said no institution would support the flagrant violation of the constitution, saying that the NJC had issued a statement on the issue.

He said it was the responsibility of the NJC to sanction any member of the Bench adding that the Nigerian Bar Association had also condemned the act.

Dickson said the motion should be to show concern on the happenings in Benue, adding that no politician should be allowed to disrupt constructional provisions.

President of Senate, Godswill Akpabio in his remarks thanked the minority leader describing his approach to the motion as bipartisan, having received the support of two APC senators, adding that the approach is commendable.

Akpabio said it was his believe that the resolutions of the senate backing the NJC and his committee to resolve the matter in national interest (NAN) www.nannews.ng

KC