Benue State House of Assembly has cautioned the Nigerian Senate to be mindful of the importance of federal-state legislative autonomy and the jurisdictional boundaries imposed by the Constitution of the Federal Republic of Nigeria.
The Assembly stated this in a letter dated March 5, 2025, signed by its Speaker, Rt. Hon. Aondona Dajoh and addressed to Sen. Adegbomire Adeniyi Ayodele SAN, Chairman, Senate Committee on Judiciary, Human Rights and Legal Matters in response to a correspondence from the same declaring the removal of the Chief Judge of Benue State, Justice Maurice Ikpambese by the Benue State House of Assembly as a nullity.
The letter reads in part: “In addressing the intervention of the Senate Committee, it is pertinent to highlight the constitutional doctrine of federalism and separation of powers, which clearly delineates the roles and responsibilities of the various arms and tiers of government.
“While the National Assembly, through its committees, exercises legislative and oversight functions, these functions are expressly confined to matters within the Exclusive Legislative List, as provided under Sections 4(2) and 88 of the 1999 Constitution.”
The Speaker asserted that the removal of the embattled Chief Judge was conducted in strict adherence to constitutional provisions, emphasizing that the House followed due process, securing a two-thirds majority vote after deliberations, thereby fulfilling its constitutional obligations in the removal process.
He said: “The Benue State House of Assembly remains deeply committed to the rule of law and fully recognizes the constitutional safeguards surrounding the tenure and removal of judicial officers as enshrined in Section 292 of the 1999 Constitution (as amended).”
The Speaker stated that matters concerning the appointment and removal of State judicial officers fall primarily within the jurisdiction of the State Government, subject to constitutional requirements.
He also highlighted the constitutional doctrine of federalism and separation of powers, which clearly delineates the roles and responsibilities of the various arms and tiers of government, stating that the Senate Committee’s resolution, while advisory, does not have binding authority on the Benue State House of Assembly.
“The House of Assembly, in carrying out this duty, had no constitutional obligation to investigate or verify whether the Executive had, in the first instance, transmitted such correspondence to the National Judicial Council (NJC), as required under Section 292(1)(a)(ii) 1)(a)(ii) of the 1999 Constitution,” he further clarified.
“The constitutional architecture does not vest the State House of Assembly with investigative oversight over the Executives procedural engagements with the NJC. Rather, the House’s role was strictly limited to voting on the recommendation for removal, once duly presented by the Executive.”
The Speaker reminded the Senate that the constitutional authority to determine the legality or otherwise of the Chief Judge’s removal rests solely with the courts, not the legislature.
Dajoh maintained that the assembly’s decision on the removal of the Chief Judge remains lawful, final, and conclusive, unless set aside by a court of competent jurisdiction.
It would be recalled that the Senate through its house Committee on Judiciary, Human Rights and Legal Matter in a letter dated 27 February, 2025, addressed to the Speaker of the Benue State House of Assembly, endorsed by Senator Adegbonmire Adeniyi Ayodele, SAN, condemned the removal of Maurice Ikpambese as Chief Judge, citing a blatant disregard for the Nigerian Constitution and emphasizing that the removal was carried out without adherence to Section 292 of the 1999 Constitution, which outlines the tenure and removal process for judicial officers.
The Senate warned that removing a judge without following constitutional procedures undermines the judicial system’s integrity and sets a dangerous precedent.
