A prominent chieftain of the All Progressives Congress, Comrade Daniel Onjeh, has come out in defense of Governor Hyacinth Alia’s decision to remove Justice Maurice Ikpambese as the Chief Judge of Benue State, asserting that the action was constitutionally valid and followed due process.
In a statement released on Friday, Onjeh criticized the National Judicial Council and the Nigerian Bar Association for opposing the Governor’s decision, emphasizing that the removal was carried out in line with the constitutional provisions in Section 292 of the Nigerian Constitution (1999, as amended).
Onjeh referenced Section 292(1) of the Constitution, explaining that a state governor has the authority to remove a Chief Judge, provided the action is supported by a two-thirds majority of the House of Assembly, and is based on grounds such as misconduct, incapacity, or a violation of the Code of Conduct. He pointed out that the Constitution does not mandate the NJC’s recommendation as a requirement for such a removal.
“Nowhere in the Constitution does it state that the NJC’s recommendation is a prerequisite for such removal,” Onjeh stated, adding that while the NJC plays a role in disciplining judicial officers, it does not have absolute authority in this matter.
Onjeh further explained that Section 292(1)(b), which involves NJC participation, applies to judicial officers other than the Chief Judge. He clarified that the removal of a Chief Judge could be initiated by the legislative arm without the NJC’s recommendation.
Onjeh accused the NJC and NBA of remaining silent when the judiciary in Benue State was allegedly used for political destabilization. He questioned their lack of response when the judiciary appeared to undermine Governor Alia’s administration, asking, “When the judiciary was dabbling into politics in Benue, working to undermine Governor Alia’s administration, where were the NJC and NBA?”
He added, “If they are truly committed to the rule of law, they ought to have taken judicial notice of what is going on in Benue State. The BENUE people see through these plots, and they stand with Governor Alia and the State House of Assembly. They will not allow their hard-earned democracy to be sabotaged.”
Onjeh stressed that the framers of the 1999 Constitution ensured no single arm of government—executive, legislative, or judicial—has unchecked power. He noted that the Constitution provides mechanisms for the removal of judicial officers to prevent abuse, with the two-thirds majority requirement in the State House of Assembly ensuring such decisions are carefully scrutinized.
Onjeh responded to critics who argue that executive involvement in removing a Chief Judge threatens judicial independence. He countered that judicial independence should not equate to judicial impunity. “No institution is above the law, and the NJC’s role does not override the constitutional powers of the Governor and the legislature to act when necessary,” he stated.
The APC chieftain emphasized that Governor Alia’s decision was a collective one, made in the best interest of Benue State. He affirmed that the people of Benue support the action because they trust the Governor’s leadership and his commitment to upholding the rule of law.
“Father Alia is a gift to Benue State, and the people will stand by him and defend his administration against any forces working to derail it,” Onjeh declared.
He also urged Nigerians to resist any attempts to misinterpret constitutional provisions for political purposes. Onjeh, who was the 2023 Benue South APC senatorial candidate, urged institutions like the NJC and NBA to apply the law consistently, without selectively reacting to political interests.
“Where were these voices when the judiciary was being weaponized against the people’s choice in Benue? The NJC and NBA cannot apply constitutional principles selectively. If they truly stand for justice, they should have spoken up earlier when the integrity of the judiciary was under attack in Benue,” Onjeh said.
He concluded by stating, “Benue people have spoken. They stand with their Governor. They stand with their House of Assembly. And they will not allow their democracy to be hijacked.”
