20/02/2025
NIGERIA BAR ASSOCIATION HAS QUOTED BENUE STATE HOUSE OF ASSEMBLY OUT OF CONTEXT, SAYS TISEER
The Majority Leader of the 10th Benue State House of Assembly, Comrade Saater Tiseer, on Thursday 20th February, 2025 disclosed that the Nigeria Bar Association (NBA), under the leadership of Afam Osigwe SAN, as the President and Dr. Mobolaji Ojibara, as the Secretary quoted the Benue State House of Assembly out of context in their statement issued following the Assembly resolutions, recommending for the removal of the Benue State Chief Judge, Justice Maurice Ikpambese during its sitting.
The Majority Leader made the disclosure during a Press Conference in Makurdi, explained that NBA never sighted the resolutions of the House or spoke to any member of the House of Assembly on the issue in contention inorder to get the full and accurate picture of what transpired at the plenary that day.
He pointed out that the BSHOA did not recommend the removal of My Lord Maurice Ikpambese as a Judge (l.e. Judicial officer) that issue will be referred to the NJC as stated in the resolution but the BSHOA simply acted in line with section 292(1) (a)(ii) of the 1999 Constitution which relates strictly to the office of the Chief Judge of the State.
Comrade Saater Tiseer, Majority Leader of the Benue State House of Assembly, representing Mbagwa Constituency was accompanied during the press conference by Hon. Peter Ipusu, Majority Chief Whip, representing Katsina Ala West Constituency, Hon. Cyril Ikong, Deputy Majority Leader, representing Oju 2 Constituency and Hon. Berger Afraid, committee chairman of Information and Orientation representing Makurdi North Constituency.
The text of the Press Conference read by the Majority Leader is as follows;
RE:PURPORTED REMOVAL OF CHIEF JUDGE OF BENUE STATE: A BRAZEN ASSAULT ON THE CONSTITUTION
The attention of the Benue State House of Assembly has been drawn to the hasty, biased and unfortunate statement issued by Afam Osigwe SAN and Dr. Mobolaji Ojibara purportedly in their capacity as President and Secretary of the Nigeria Bar Association (NBA), and we wish to respond that:
1. The duo in their haste and excitement to be seen as championing the rule of law rushed to issue a statement on the actions of the Benue State House of Assembly (BSHOA) without even sighting the resolution of the House or speaking to any member of the House of Assembly in order to get the full and accurate picture of what transpired in the House. It is shocking that an association like the NBA made up of lawyers who understands 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 ONLY on social media report.
2. 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).
3. If the duo of Mr. 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:
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i. The House recommended the removal of the Chief Judge pursuant to its power under section 292(1)(a)(ii) of the 1999 Constitution which provides as follows:
"292. (1) A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances -
(a) in the case of -
(1)...
(ii) 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 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 House DID NOT RECOMMEND THE REMOVAL OF MY LORD as a JUDICIAL OFFICER but as the CHIEF JUDGE of Benue State in line with the above provision.
ii. The House further referred the Petition to the NJC to determine whether or not the Hon. Justice Maurice Ikpambese was culpable of the allegations against him and to take appropriate action in respect of his position as a JUDICIALOFFICER. This is in line with section 292 (1) (b) of the 1999 Constitution which provides thus:
"(b) in any case, other than those to which paragraph (a) of this subsection applies, by the President or, as the case may be, the Governor acting on the recommendation of the National Judicial Council that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind
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or of body) or for misconduct or contravention of the Code of Conduct."
4. It is most appalling that the duo of Afam Osigwe SAN and Dr. Mobolaji Ojibara did not take into account the above clear provisions of the Constitution into consideration before issuing its poorly researched and most erroneous press statement castigating the House of Assembly.
5. It is imperative to point out that the constitution is clear and unambiguous and the BSHA acted within the confines of the law and in the interest of Benue State which is their primary constituency.
6. It is further imperative to point out that the BSHA did not recommend the removal of My Lord Maurice Ikpambese as a Judge (l.e. Judicial officer) that issue will be referred to the NJC as stated in the resolution. The BSHA simply acted in line with section 292(1) (a)(ii) of the 1999 Constitution which relates strictly to the office of the Chief Judge of the State.
