Benue State House of Assembly has faulted the hasty statement issued by Afam Osigwe SAN and Dr Mobolaji Ojibara purportedly in their capacity as President and Secretary of the Nigerian Bar Association (NBA), without sighting the resolution of the House or speaking to any member to get the complete and accurate picture of what transpired in the House.
This is even as the majority Leader of the Benue State House of Assembly (BNHA), Saater Tiseer, in company with the majority Whip representing Katsina/Ala West Peter Ipusu and Alfred Berger representing Makurdi North, explained that the House did not recommend the removal of Justice Maurice Ikpanbese as a Judicial officer but as the Chief Judge of Benue State in line with the above provision.
The majority Leader who was addressing the media on the ongoing controversies surrounding the removal of the Chief Judge, Justice Ikpambese, said the action of the house was based on Section 292(1) (a)(ii) of the 1999 Constitution, which relates strictly to the office of the Chief Judge of the State.
According to him, “It is shocking that an association like the NBA made up of lawyers who understand what the doctrine of “audi alteram partem” is, will rush to press and call the resolution of a House of Assembly made up of 32 elected members ‘laughable’ based on social media report.”
In that haste, the duo committed the fundamental error of basing its condemnation on a completely non-existent issue and predicted its press release on a very faulty premise, relying on sections 153 and 271 of the 1999 Constitution, which deals with discipline and removal of judicial officers generally and establishment of the National Judicial Council (NJC)”
“If the Afam Osigwe SAN and Dr. Mobolaji Ojibara had waited to read the resolution of the House, instead of rushing to the press to please some strong men of Benue origin in Abuja, they would have known that Page 1 of 3, the House recommended the removal of the Chief Judge under its power under section 292(1)(a)(ii) of the 1999 Constitution.
“It provides that a judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances -Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal, of a State, by the Governor, acting on an address supported by a two-thirds majority of the House of Assembly of the State.”
“Praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct;”
The majority leader, who was accompanied by the house, further referred the Petition to the NJC to determine whether Justice Ikpambese was culpable of the allegations against him and to take appropriate action in respect of his position as a judicial officer, which is in line with section 292 (1) (b) of the 1999 Constitution.
It is appalling that Afam Osigwe SAN and Dr Mobolaji Ojibara did not consider the Constitution’s provisions before issuing a poorly researched and erroneous press statement castigating the House of Assembly.
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