From Henry Ibya, Makurdi
Elders Council of the All Progressives Congress, APC, in Benue North West Senatorial District has described the removal of the chief judge and suspension of 13 members of the House of Assembly as unjust and politically motivated.
Making the condemnation at a press conference yesterday in Makurdi, Leader of the elders council, Akange Audu described as unconstitutional, the act by the leadership of the Assembly.
The council noted that the 13 lawmakers were suspended for choosing to abide by their oath of office and defending the constitution of Nigeria.
The elders lauded the position of the National Judicial Council, NJC, and the Nigerian Bar Association, NBA, on the matter, arguing that their action represent the extant position of the law.
They equally noted that Benue Assembly, basing its removal of the chief judge on Section 292 of the constitution, is unacceptable, stating that the constitution, in the same vein, requires an Assembly to comply with Sections 153, 271 and 292 of the constitution, including Paragraph 21, Part 1 of Third Schedule to the constitution, citing Elelu v 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 relied upon by the Assembly.
According to the elders, the governor could only evoke the 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 and contravention of the code of conduct.
They added 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 group therefore advised the Assembly to immediately withdraw the purported suspension of the affected 13 lawmakers and cancel the approval for the removal of the chief judge, since it had been established to be a nullity.
