By Austin Angwe, Makurdi
Elders Council of the All Progressives Congress, APC, Benue North West Senatorial District also known as Zone B has condemned the purported removal of the state Chief Judge and the suspension of 13 members of the Benue State House of Assembly which eight are from the zone, describing the action as unjust and politically motivated.
Making the condemnation during a press conference held yesterday in Makurdi, leader of the Elders Council, Akange Audu, described as unconstitutional the act exhibited by leadership of the Benue State House of Assembly and their co- travellers in the removal of the chief judge and 13 members of the Assembly who they argued chose to abide by their oath of office by defending the constitution of Nigeria.
The elders applauded and adopted the position articulated by the National Judicial Council, NJC and the Nigerian Bar Association, NBA on the matter, arguing that their action represented the extant position of the law.
They equally argued that the Benue House of Assembly’s relying its purported removal of the chief judge on section 292 of the constitution was unacceptable, stating that the constitution of Nigeria has in the same vain required an Assembly to comply with sections 153,271 and 292 of the constitution including paragraph 21 part 1 of Third Schedule to the constitution of Nigeria and cited Elelu- Habeeb and Anor v. Ag Federation & ORS (2012) LPELR- 15515(SC) (pp. 63-76PARAS.E as held by the Supreme Court and not just on section 292(1)(a)(ii) as based by the Benue Assembly.
According to the elders the governor could only evoke provisions of section 292(1)(a)(ii) in an event where the Chief Judge is unable to discharge the functions of his office or appointment, through infirmity of the mind or of body, for misconduct, contravention of the code of conduct, adding that the conditions or basis for the exercise of powers to remove a state Chief Judge must be investigated and confirmed by credible evidence placed before the Governor and the House of Assembly before proceeding to exercise their power of removal granted by the section of the constitution.
The elders equally argued that the ground of removal for inability to perform the functions of the Chief Judge’s office or appointment could not be ascertained and confirmed by the Governor or House of Assembly in the absence of any input from the National Judicial Council under which supervision the Chief Judge discharges his functions as judicial officer and which body also is directly responsible for exercising disciplinary control over the said state Chief Judge.
According to the elders the entire provisions of the 1999 constitution in sections 153(1)(i),(2), 271(1),292(1)(a)(ii) and Paragraph 21 of Part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria 1999 dealing with the appointments, removal and exercise of disciplinary control over Judicial officers, must be read, interpreted and applied together in resolving the issue of whether or not the Governor of a state and the House of Assembly of a state could remove a Chief Judge of a state in Nigeria without any input of the National Judicial Council, thereby faulting the circumstances the Benue Chief Judge was purportedly removed.
The elders who referred Governor Alia to history where an attempt to remove the Chief Judge of Kwara State by the Governor and his Assembly without the participation of the National Judicial Council, failed, urged the Governor to respect the rule of law as well as learn to uphold the principles of democracy which the country stands for.
The group also advised the Benue State House of Assembly to immediately withdraw the purported suspension of the affected 13 Members of the Assembly, provide the two yet to have official cars theirs and cancel the purported approval for the removal of the Chief Judge, insisting that it has been established to be a nullity.