Benue State House of Assembly has rebuffed the Senate Committee on Judiciary, Human Rights and Legal Matters over its position on the removal of the State’s Chief Judge, Justice Maurice Ikpambwese.
The Assembly insisted it acted within the ambit of the law and had no regret whatsoever.
This was contained in a letter dated March 5th, signed by the Speaker of the Benue State House of Assembly and addressed to the Chairman, Senate Committee on Judiciary, Human Rights and Legal Matters.
The letter was a response to an earlier correspondence signed by the Chairman, Senate Committee on Judiciary, Human Rights and Legal Matters, Sen.Adegbanmire Adeniyi Ayodele, SAN, to the Speaker of the Benue State House of Assembly.
Ayodele expressed deep concern over the purported removal of the Chief Judge of Benue State, Justice Maurice 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.
Ayodele had urged the members of the Benue State House of Assembly to take necessary steps to address the issue, ensuring that all the decisions regarding the suspension of Justice Ikpambese were in accordance with the constitution of the Federal Republic of Nigeria.
But in its response, the Benue State House of Assembly through the Speaker, Hon. Aondona Dajoh, said the state Assembly remained deeply 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).
“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 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,” he said.
The Speaker said after receiving a letter from the Executive, the matter was put to vote with a two-thirds majority vote secured, thereby fulfilling its constitutional role in the removal process.
He insisted 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.
While appreciating the Senate Committee for its concern and insights over the matter, the Speaker reiterated that the Benue State House of Assembly acted well within its constitutional mandate in the case and as such, its decision remains lawful, final, and conclusive, except set aside by a court of competent jurisdiction.
