Justice Ikpambese’s future in Benue judiciary hangs in the balance

When he was sworn in by former Governor Samuel Ortom on Tuesday, April 11, 2023, as Benue State Chief Judge, Justice Maurice Ikpambese made a pledge to abide by the oath of office he took to uphold the constitution, in addition to ensuring improvement in Justice delivery and infrastructural development in the state judiciary.

Ikpambese had a fertile ground to achieve all he pledged to do during his swearing in, especially given that Governor Hyacinth Alia also assumed office a few weeks after him. Since his assumption of office on May 29, 2023, Governor Alia has left no stone unturned in ensuring that the state judiciary does not only operate independently but given all the needed financial and infrastructural support to conveniently and professionally discharge their responsibilities.

This the governor demonstrated during the recent swearing in of four High Court Judges and two Customary Court of Appeal judges in the state. The Governor realizing the importance of a strong judiciary advised the judges to be impartial arbiters, defenders of justice, and protectors of the Constitution, saying they should dispense justice without fear or favor, affection or ill-will, as the people of Benue State look up to them to ensure that the law is applied with fairness, equity, and a deep sense of humanity.

He said, “Judges are the guardians of justice, ensuring that the rights and liberties of all individuals are protected and upheld. They also play a crucial role in maintaining the integrity of our legal system and ensuring that justice is served.”

Gov. Alia assured the Benue State Judiciary that his administration is committed to ensuring the independence of the judiciary and will not do anything nor take any steps to undermine its independence.

Alia also reminded the new judges of the importance of their role, as aptly captured in the judicial oath, and the trust that has been placed in them to remember that the decisions they make will have a profound impact on the lives of individuals and the fabric of our society.

He stated that his administration has demonstrated its commitment to these tenets by fully granting financial autonomy to the judiciary and the legislature in Benue State.

READ MORE: Justice Ikpambese remains Benue chief judge – NJC

However, a year and some months down the line, it appears the Benue Chief Judge has a personal agenda to pursue order than the attainment of a healthy judiciary despite the Governor’s enormous support, entrenchment of rule of law and enabling judiciary environment.

Allegations of misconduct against Justice Ikpambese did not start overnight. Some civil society organisations (CSOs), interest groups, and others have since last year (2024) demanded for the stepping aside and investigation of the Chief Justice. However, when the agitation did not get the desired attention, some activists including Optimum Media Limited on 15, June 2024 sued Governor Alia, Attorney General of the state and Commissioner for Justice and Public Order, Fidelis Mnyim; Speaker of the House of Assembly, Hyacinth Dajo; and the Benue State House of Assembly over refusal by the State Government to honour calls to investigate the embattled Chief Judge.

The case was filed at the Federal High Court of Nigeria in the Makurdi Judicial Division, Holden at Makurdi with suit number FHC/MKD/CS/56/2024.

According to court documents, the plaintiff is seeking, amongst other things, an order of mandamus to compel the defendants to investigate the Chief Judge of Benue State, Hon. Justice Maurice Ikpambese, over allegations of judicial misconduct, abuse of office, gross disobedience to a valid court judgment, and financial mismanagement.

In response to mounting pressure, Governor Alia formally requested that the Benue State House of Assembly suspend Justice Ikpambese to facilitate a transparent investigation. In a letter read on the floor of the House on 18 February, the governor accused the Chief Judge of mismanaging funds, contravening state electoral law, and displaying a blatant disregard for the legislature’s mandates. Citing discrepancies in financial records from various courts, the letter called for immediate removal of Justice Ikpambese in line with constitutional provisions, and urged the appointment of an Acting Chief Judge from the next-in-line judicial officer.

The Assembly’s response was swift. During a divided session, Speaker Hon. Hyacinth Dajo announced that 23 members had voted in favour of removing the Chief Judge, declaring, “The Chief Judge stands removed, and the next in line should be sworn in immediately as Acting Chief Judge of the State.”

Yet the National Judicial Council (NJC) has intervened, asserting that Justice Ikpambese remains the state’s chief judge pending a proper investigation. In a statement issued on Wednesday, NJC spokesperson Kemi Ogedengbe emphasised that constitutional provisions governing judicial discipline and appointment had not been duly followed in this instance. Although a petition against the Chief Judge has been received, the council maintains that it is yet to launch an investigation in line with its established procedures and the principles of a fair hearing.

The ongoing controversy has sparked appeals from well-meaning residents and political commentators who insist that the NJC must conduct a speedy, transparent, and thorough inquiry into the allegations. Critics argue that Justice Ikpambese’s continued presence in office may compromise the integrity of the investigative process, calling for his suspension pending the outcome.

As the debate intensifies, the future of Justice Ikpambese and the broader integrity of Benue’s judiciary remain uncertain. The outcome of this high-stakes confrontation could have lasting implications for judicial governance and the rule of law in the state.