The Benue State House of Assembly has insisted that it will not change its position on the recent removal of the State’s Chief Judge, Justice Maurice Ikpambwese, rejecting overtures by the Senate Committee on Judiciary, Human Rights and Legal Matters for the removal of the CJ to be reversed.
In a letter dated March 5 signed by the Speaker of the Assembly, Hon. Aondona Dajoh and addressed to the Chairman of the Senate Committee, the Assembly insisted that the removal of Ikpambwese was legal and that the House has no regrets over its actions as it acted within the ambit of the law.
The letter was in response to an earlier correspondence addressed to the Assembly by the Committee Chairman, Sen. Adegbanmire Adeniyi Ayodele, asking the House to reinstate the ousted CJ.
In the letter, Sen. Ayodele had expressed concerns over the removal of Ikpambese, insisting that the action was carried out without due regard to the provisions of the Nigerian Constitution, particularly in respect to the tenure and removal of judicial officers under the provision of Section 292 of the 1999 constitution.
The Committee urged the members of the House to take necessary steps to address the issue by ensuring that all the decisions regarding the suspension of Ikpambese were in accordance with the constitution of the Federal Republic of Nigeria.
In its response, the Assembly said though it remained committed to the rule of law and fully understands the constitutional safeguards surrounding the tenure and removal of judicial officers as enshrined in Section 292 of the 1999 Constitution (as amended), the removal of Ikpambwese cannot be reversed.
The Assembly said after receiving a letter from the state Executive, the matter was put to vote with a two-thirds majority vote secured, thereby fulfilling its constitutional role in the removal process, insisting that any concerns regarding the procedural compliance of the matter should be judicially adjudicated rather than subjected to extra judicial interventions that may undermine the autonomy of the State legislative institutions.
“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 letter 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.
“The Assembly acted in compliance with the constitutional provisions regarding the removal of Justice Ikpambese,” it added.
Source: Ripples
