Like most states, Benue State’s political space is evolving hard and fast as schemings ahead of the 2027 election gets more intense.
Before now, political intrigues in the North Central agrarian state seemed to center around a power play within the All Progressives Congress (APC).
However the recent removal of the state’s Chief Judge, Justice Maurice Ikpambase, has thrown up a whole new dimension to the political gimmicks in the state.
The unfolding drama surrounding Justice Ikpambase’s removal, which revisits the dynamic but touchy relationship between the legislature and the judiciary, has put Benue in the national spotlight in recent weeks.
The saga has generated exchanges between the Benue Assembly, the APC Elders Council, Civil Society Organisations on the one hand and the National Judicial Council (NJC), Nigerian Bar Association (NBA), the Peoples Democratic Party (PDP) on the other hand.
The original ‘sin’
The bubble burst on February 18 when the Benue State Assembly passed a resolution for the state Governor Hyacinth Alia to remove Justice Maurice Ikpambwese, from office over alleged misappropriation of funds.
The resolution of the House was premised on a petition by the majority leader of the House, Hon Saater Tiseer, against the chief judge, detailing alleged acts bothering on violation of ethical standards expected of judicial officers in Nigeria.
According to the petition, the chief judge was accused of “Abuse of office by issuing a directive to overturn the Benue State Electoral Law duly passed by the Benue State House of Assembly and assented to by the governor of the state.
“Misappropriation and mismanagement of the budgetary allocation and finances of the Benue State judiciary; engagements with politicians and political office holders for favorable judicial outcomes; indirect participation and incitement of industrial actions against the state; acts of bribery and corruption; and undue favouritism and dire insistence on cronies holding unmerited judicial positions.”
The petition further gave details on some of these alleged actions of the judge.
For instance, on the chief judge’s alleged abuse of office via issuance of a directive to overturn the state’s electoral law passed in 2007, the majority leader alleged that Justice Ikpambese issued a letter dated 14th October, 2024, to all the tribunals sitting in the state to waive the mandatory provision for deposit of security for cost by the petitioners.
The majority leader quoted section 76 of the law which states that “At the time of presenting an election petition, the petitioner SHALL give security for all costs which may become payable by him to any witness summoned on his behalf or any respondent.”
Hon Tiseer noted, “If a chief judge who should protect the laws of the state turns around to officially write for the laws of the state to be disregarded, we are worried as to what will become of the state.”
The majority leader also substantiated his allegation that the chief judge misappropriated and mismanaged budgetary allocation and finances of the state’s judiciary.
He said “Available records secured from the remittances from the Accountant general to the High Court of Justice from January to December, 2024 and the bank statements from High Court of Justice covering Zenith Bank, First Bank, Fidelity Bank and Unity Bank indicate convincingly that Justice M.A. Ikpambese over spent the 2024 budget on International Travels and Training, and Renovation of office buildings to the tune of N666,984,687.20 which contravened sections 0206, 0632 and 0635 of the Financial Instructions.”
He added that over-budgetary spending without approval by relevant authorities is a serious office as detailed in the state law.
On the allegation of acts of bribery and corruption against the chief judge, the majority leader, in his petition, claimed that Justice Ikpambese connived with others to dissipate the estate of a deceased man by selling the property at N150 million as against the actual price of N700 million.
On the strength of these alleged infractions, Hon Tiseer moved for the removal of Justice Ikpambese as the Chief Judge of Benue State in line with Section 292(1)(a)(II) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
He also called for the forwarding of a complaint to the National Judicial Council to carry out “an honest, independent, hitch-free, transparent and diligent investigation into these allegations,” especially as they relate to abuse of office by a Judicial Officer.
He called for the state assembly to recommend immediate swearing in of the next-in-line Judicial Officer within the state as the Acting Chief Judge of Benue State.
The backlash begins
Reactions to the judge’s removal were not unexpected.
Shortly after 23 out of 31 members voted to remove Ikpambese, some dissenting lawmakers held a press conference in Makurdi, condemning the process and alleging procedural breaches.
The suspended lawmakers, led by Douglas Akya, rejected the decision, arguing that House rules only permit suspensions of up to two weeks. Akya described the removal of the Chief Judge and their subsequent suspension as undemocratic.
Curiously, some of the dissenting lawmakers had voted for the removal of the Chief judge on the floor of the House.
In response, Speaker Hyacinth Aondona Dajoh, announced a three-month suspension for the lawmakers, accusing them of “Dishonourable actions capable of causing acrimony in the House.”
They were also directed to refund funds allocated for an upcoming foreign trip, which they would no longer undertake.
The National Judicial Council (NJC) and Nigerian Bar Association (NBA) also joined the debate, opposing the judge’s removal.
The NBA hinged its objection to the removal, largely on procedure, arguing that the NJC has yet to investigate the allegations against Justice Ikpambese and make its recommendation.
But Tiseer in a counter argument, said the NBA was “too hasty” with its criticism of the CJ’s removal, noting that the decision aligns with provisions of the 1999 Constitution (as amended).
He said the house recommended the removal of CJ pursuant to its powers under section 292(1)(a)(ii) of the 1999 Constitution.
He added that the assembly did not remove Ikpambese as a judicial officer but as the chief judge.
“NBA did not understand the issues and the workings of the assembly, yet it called our resolution a sham,’’
The lawmaker continued, “The house did not recommend the removal of CJ as a judicial officer but as the CJ of Benue as provided by the law.
“The house did not originate any petition against the CJ; therefore, it has no business with the NJC because the law only empowered them to act on the address of the governor, which they did.”
The major opposition party, PDP, also joined the debate. The Senate majority leader, Senator Abba Moro, while condemning the removal of the judge, urged the National Assembly to intervene.
But his call was countered by APC Elders in the state, who upbraided the majority leader for seeking to destabilise the state.
The APC elders, led by a former national chairman of PDP, Sen. Barnabas Gemade, noted that as much as the Nigerian Constitution in Section 11(14), (5) provides for the National Assembly intervention when a state assembly is unable to perform its functions, hold a meeting and transact its business, the “Benue State House of Assembly has one leadership, enjoys full quorum at all sittings and has continuously been performing its functions.”
Meanwhile, a coalition of Civil Society Organisations (CSOs) under the auspices of Coalition for Good Governance and Transparency in Nigeria (CGGTN) has called on the Attorney General of the Federation, Lateef Fagbemi and the National Judicial Council (NJC) to urgently intervene in the matter.
It further threatened to occupy the NJC premises in a mass protest to press home its demand, if the council fails to act.
Speaking at a press conference in Abuja last Wednesday, the group led by Okpanachi Jacob, asked the NJC to constitute a panel to investigate Justice Ikpambese over his alleged act of compromise, sabotage and bias against the judge.
He said, “The House relied on section 292 subsection (3) of the 1999 constitution as amended which states that, the Chief Judge of a State can be removed from office if it is backed by two third majority of the State House of Assembly.
“Let it be on record that, there is no part of the constitution that empowers the NJC to remove a Chief Judge from office but to discipline and recommend the same to the Governor of a State who has the powers to remove a chief judge if found wanting.
“We strongly call on the Benue State Governor and the State House of Assembly not succumb to the antics of the political enemies within and outside Benue State who are now using some officials to distract this current purposeful and working government in the State,” the coalition said.
Mnzughulga, a public affairs analyst, writes from Makurdi
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