REMOVAL OF JUSTICE IKPAMBESE BY THE BENUE STATE HOUSE OF ASSEMBLY WITHOUT THE NATIONAL JUDICIAL COUNCIL (NJC) RECOMMENDATION: CREATIVE WAYS FOR LAWYERS TO CLOSE PANDORA’S BOX

Abstract

Justice Ikpambese, who was the rightly appointed Chief Judge of Benue State by a resolution of the Benue State House of Assembly in a display of political gymnastics was removed without recourse to the National Judicial Council (NJC) as required by Section 292 and Part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria 1999. The immediate concern is the constitutionality of such action seeing that the Constitution itself is not silent on the procedure to be followed for appointment and removal of judges in Nigeria. This anomaly by the politicians cannot be allowed to continue as this is not the first time this sort of event is happening in Nigeria as we saw with Justice Walter Oonoghen. This paper adopted doctrinal research methodology. In this article the challenge is described as Pandora Box, a can of worms that has been opened but unlike Pandora box a can of worms that can actually be closed if the right approach is taken by stakeholders interested in the preservation of the principle of separation of power in the Nation.