…Says NBA Position ‘Baseless And Laughable‘
- Accuses Sen. Moro Of Interference, Attempt To Destabilise Legislative Process
By Amos Aar
THE BENUE State House of Assembly on Thursday criticised the Nigerian Bar Association (NBA) and accused it of misrepresenting the action of the assembly by citing “incorrect sections of the Nigerian Constitution” while opposing the removal of the state’s Chief Judge, Hon. Justice Maurice Ikpambese, over alleged misconduct and corruption.
Addressing journalists on Thursday at Government House, Makurdi, an angry and adamant Hon. Saater Tiseer, the Majority Leader of the Assembly, asserted that the Assembly’s internal decisions take precedence over external opinions.
According to Hon. Tiseer, some Assembly members who participated in voting for the Chief Judge’s removal later reversed their stance under external pressure and held a press conference in an uncompleted building.
Describing his colleagues’ action as dishonourable, Tiseer stressed that it is for that reason that the Assembly suspended 13 members for three months, adding that the suspended members have been given an opportunity to apologise, warning that failure to do so could result in the extension of their suspension.
Tiseer accused the NBA under the leadership of Mazi Afam Osigwe, SAN, and Dr Mobolaji Ojibara as president and secretary respectively, of acting hastily without fully understanding the facts.
While silent on the position of the National Judicial Council (NJC) which had effectively annulled the recommendation of the Assembly for the removal of Justice Ikpambese, Tiseer expressed shock that the NBA, made up of legal professionals, would rely on social media reports without consulting the Assembly to ascertain the truth.
Tiseer asserted that the Assembly’s actions were lawful and in the best interests of Benue State, insisting that the NBA’s statement was misinformed and aimed at serving political interests rather than upholding the rule of law.
“Let it be clear! We acted within the law! The NBA’s position is baseless and laughable because it ignored the correct constitutional provisions that empower us to make this recommendation,” Tiseer declared, stressing that the Assembly will continue to support the development of the state while ensuring that no arm of government exceeds its constitutional powers.
He argued that the NBA wrongly based its condemnation of the Assembly’s action on Sections 153 and 271 of the 1999 Constitution (as amended), which deal with the discipline and removal of judicial officers through the National Judicial Council (NJC).
Tiseer maintained that contrary to the NBA’s argument, the Assembly’s actions were guided by Section 292(1)(a)(ii) and Section 212(1)(a) & (2) of the Constitution, which he claimed, empower the House of Assembly to recommend the removal of a Chief Judge.
Quoting the Constitution, Tiseer stressed that “a judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances: in the case of a Chief Judge of a state, Grand Kadi of the Sharia Court of Appeal, or President of the Customary Court of Appeal, by the Governor acting on an address supported by a two-thirds majority of the House of Assembly.”
He also argued that the Assembly acted strictly within these constitutional provisions after receiving a formal address from the Governor detailing allegations of misconduct against the Chief Judge.
Hon. Tiseer did not say if the Assembly, after receiving the correspondence from Governor Hyacinth Alia containing the allegations against the Chief Judge, in the spirit of fair hearing, gave him (Justice Ikpambese) the opportunity to defend himself.
One of the primary allegations against Justice Ikpambese, Tiseer explained, involved the illegal waiver of a legal requirement for petitioners to pay a deposit for security in election-related matters. He argued that this waiver was unlawful because only a competent court could declare a law invalid.
“The law of the State Assembly regarding the State Electoral Commission Act mandates a deposit for security when filing petitions. Unless challenged and deemed unconstitutional by a court, that law remains binding and cannot be unilaterally waived,” he said.
According to Tiseer, this action by the Chief Judge was one of several serious allegations presented in the Governor’s address, which prompted the Assembly’s recommendation for his removal.
Dismissing suggestions that the Assembly was acting as a “rubber stamp” for the Executive, Tiseer insisted that the House was independent and had demonstrated objectivity in the past by rejecting certain executive nominations.
He defended the suspension of the 13 dissenting members, citing Section 101 of the 1999 Constitution, which grants the House of Assembly the authority to regulate its own proceedings and enforce discipline.
“The Assembly invoked its constitutional powers to impose sanctions on members who conducted themselves dishonourably,” Tiseer declared as he blamed external political forces, particularly the Senate Minority Leader, Senator Abba Moro, of attempting to interfere in the Assembly’s affairs and destabilise the legislative process.
He accused the suspended members of acting under pressure from political figures who failed to speak up during the previous administration’s financial mismanagement.
According to Tiseer, those now criticising the Assembly remained silent when civil servants were not paid and when the former administration allegedly borrowed billions without fulfilling its promises.
