… Say state Assembly acted within constitutional framework
From Scholastica Hir Makurdi
The All Progressives Congress (APC) Benue Elders’ Forum has backed the actions of the Benue State House of Assembly over their recommendation for the removal of the state Chief Judge, Justice Maurice Ikpambese, saying the Assembly acted within the constitutional framework.
The elders who spoke through the Forum Chairman, Sen Barnabas Gemade, during a press conference in Makurdi yesterday, said the Assembly has not removed him as a member of the Judicial Council but as the Chief Judge to pave the way for investigation into his alleged misconduct and abuse of office.
They said after a thorough review of the circumstances surrounding Ikpambese’s removal, “it is clear that the Benue State House of Assembly acted within the constitutional framework outlined in Section 292(1)(a)(ii) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“We stand in solidarity with the Assembly on this decision, especially given the serious allegations that necessitated such action including mismanagement of the sum of N666,984,687.20k in less than one year and manifest abuse of office by acting outside the scope of his work as the Chief Judge evidenced in granting a waiver of Section 76 of the Benue State Electoral Law duly passed by the Benue State House of Assembly and assented to by the Executive Governor of Benue State amongst other grievous misconduct.”
The forum further commended the State Assembly for promptly sanctioning their erring members who attempted to ridicule the serious business of the house when in one breath they voted along with their colleagues for the removal of the Chief Judge and in another breath stepped outside the house chambers and immediately addressed a press conference castigating the same decision they had just supported by a more than two-thirds majority vote.
The Benue APC Elders’ Forum also called out the Senate Minority Leader, Senator Aba Moro, over his recent motion, which called on the National Assembly to intervene in the affairs of the Benue State House of Assembly.
Gemade said the motion was not only misguided but also demonstrated his lack of understanding of the constitutional process.
He said: “The constitutional provision (sections 11(4)) which mandates the National Assembly to take over the functions of the State Assembly can only be activated when the State Assembly is unable to perform its functions by reasons of a situation prevailing in the state.
“The very next Section 11(5) explicitly defines the inability of the house to perform its functions as when the house is unable to hold a meeting and transact its business.”
He argued that Benue State House of Assembly has one leadership, enjoys full quorum at all sittings and has continuously been performing its functions. There was therefore no merit in Senator Aba Moro’s invitation to meddlesomeness.