Former President of the Nigerian Senate and chieftain of the All Progressives Congress (APC), Senator Ameh Ebute, has affirmed that the removal of the Chief Judge of Benue State, Justice Maurice Ikpambese, by the resolution of the Benue State House of Assembly, remains valid.
He insisted that Justice Ikpambese no longer has the legal authority to order the relocation of the Local Government Election Petition Tribunals and Appeal Panel from Makurdi to Abuja.
Speaking during a recent live interview on TVC NEWS’ STANDPOINT, Senator Ebute described the relocation of the Tribunals as unprecedented and a violation of legal procedures.
Senator Ebute, who is a practicing lawyer actively involved in legal proceedings at the Tribunal defending the local government elections in Okpokwu Local Government Area, recounted the sequence of events.
He explained that Tribunal sittings initially commenced in three senatorial zones of Benue State, with his zone, Benue South (Zone C), sitting in Otukpo. However, the proceedings were unexpectedly moved to Makurdi, a decision the legal teams questioned but ultimately accepted.
“I attended the sittings in Makurdi on three occasions before the then Chief Judge, Justice Ikpambese, made the decision to relocate the Tribunal sittings to Abuja,” he stated.
Senator Ebute emphasized that this move was unprecedented, as local government matters are exclusively state affairs.
He declared that Justice Ikpambese had no authority to transfer the sittings outside Benue State, particularly given that his removal from office by the Benue State House of Assembly had already taken effect.
When asked about the recent order by the Federal High Court in Makurdi, which ruled that further Tribunal sittings must be held within Benue State, Senator Ebute asserted that the ruling reinforced his long-standing position that a Local Government Election Tribunal cannot sit outside the state where the election took place.
“It is not a National Election Tribunal, and it is only within the state that the Tribunal can sit…. But I assure you that if security is the problem, the Executive Governor of Benue State is the chief Security Officer of the state, and if any complaint is brought before him, I’m sure he’s going to provide adequate security, to protect the litigants as well as the members of the Tribunal in Benue State, but nobody has come to the governor with any complaint of insecurity at the Tribunal…” he stated.
The former Senate President further revealed that this marked the third time the Tribunal had been relocated – first from Otukpo, Adikpo, and Gboko to Makurdi, and now from Makurdi to Abuja.
He questioned the motives behind the ousted Chief Judge’s insistence on relocating the Tribunal when the Nigerian Bar Association (NBA) Headquarters in Abuja, where the sittings were scheduled to take place, is not recognized as a court under Section 83 of the Benue State Electoral Laws, 2007.
Sen. Ebute unequivocally expressed his suspicion that the reason Justice Ikpambese insists on relocating the proceedings of the Tribunal to Abuja was for “them” to manipulate the decisions of the Tribunal.
He said none of the people involved in the Tribunal was coming to rule any constituency in Abuja, as they were coming to rule local governments in Benue State, so they must have the support of the people of the state.
However, the elder statesman maintained that his core interest in the whole controversy is to ensure that things were done properly, adding that in his almost 80 years of existence, he had never seen where Tribunal sittings of the local government election would be transferred to Abuja.
He, therefore urged the appropriate authorities to take the proper step by moving the Tribunal sittings back to Makurdi, so the Tribunals can conclude as soon as possible, adding that they may decide to sit all day of the week, even on Sundays, in order to conclude within the timeframe stipulated by law.
“There is no law backing this relocation. So on that ground, we will not attend sittings in Abuja,” he declared.
On the temporary suspension of Tribunal proceedings, Senator Ebute noted that the process must remain on hold until a competent court delivers a final ruling directing the Tribunal to return to Benue State.
He reassured that, despite the ongoing legal proceedings, the duly sworn-in Local Government Chairmen would continue performing their constitutional duties until their elections were either upheld or nullified by the Tribunal.
“As long as the Tribunal process continues, governance at the local level remains unaffected. The Chairmen will continue executing their responsibilities until a final judgment is reached,” he said.
Addressing the leadership crisis within the Benue State chapter of the APC, Senator Ebute confirmed that the party’s National Secretariat had constituted a seven-man Caretaker Committee led by Chief Benjamin Omale, under whose leadership the last local government elections were conducted.
However, he noted that the faction led by former Chairman Austin Agada had refused to recognize the party’s new leadership.
Sen. Ebute added that most of the petitions before the Tribunal were from members of the APC. However, it is the APC Primary Election conducted by Chief Benjamin Omale that is recognized by the Benue State Government, noting that Austin Agada’s faction had not conducted any election, and none of their alleged candidates was recognized by the state’s electoral commission. He concluded that Austin Agada and his cohorts were only fighting of nothing.
Senator Ebute criticized Agada and his supporters for challenging the Benue State Governor’s leadership instead of working with him for the progress of the state.
“But Austin Agada’s faction is very stubborn and will not take orders from the Governor of the State. How can a state party Chairman vow to fight the governor, rather than cooperating with him to move the government ahead smoothly?” he queried.
The former Senate President said when the party held its National Caucus meeting recently, it was Chief Omale that was allowed to participate as a member.
And the following day, when the National Executive Council of the party also met, it was Benjamin Omale who was granted access.
“So the national leadership of the party doesn’t recognize Austin Agada as State Chairman anymore, and he is also not recognized by the Benue State Government as well as the majority of APC members in Benue State,” alleged Sen. Ebute.
Sen. Ebute added that but being supported by a powerful person in Abuja, Austin Agada still insists that he is the Chairman of the Benue State APC, hence he keeps jumping from one court to another, without the support of the people.
Senator Ebute maintained that Justice Ikpambese’s removal was legally executed in accordance with Section 292 of the 1999 Constitution (as amended), which grants a State House of Assembly the authority to remove a Chief Judge through a resolution supported by a two-thirds majority.
“He is no longer the Chief Judge of Benue State, as long as legality is concerned. Section 292 does not require the National Judicial Council (NJC) to confirm the removal of a state Chief Judge,” he insisted.
He emphasized that allegations of serious misconduct were made against Justice Ikpambese, including multiple infractions of state laws, and that these allegations were tabled before the House of Assembly, which followed due process in removing him.
“So he cannot claim to serve a state government that he is actively working against. He has even boasted publicly about his intent to bring down the governor. How can an individual declare war against a duly elected state government? We will not allow that to happen,” Sen. Ebute asserted.
Regarding insinuations that all is not well with the APC in Benue State, Sen. Ebute said because of the faction created by the former Chairman of the APC in the State, Austin Agada, the ousted Chief Judge earlier constituted a court that ruled that Agada’s faction was the legitimate one, but the ruling is currently being appealed by the Omale faction, and will be appealed up to the Supreme Court. He said and until the final judgment of the court on the matter, Agada cannot claim to be the genuine Chairman of the Benue State APC.
Emphasizing the power of the people in such a matter over the power of the court, Sen. Ebute said support in a political party is by the people, not by court. “Once the people say you are the holder of the office, then it confers legitimacy on you, and it’s not the court that will decide who the true holder of the office is.”
On the prospects of out-of-court reconciliation of the Benue APC leadership tussle, Sen. Ebute frankly remarked, “You cannot have a governor of a state, and then somebody outside the government of the state is saying he will continue to be the leader of the party in the state. There is a laid-down convention that where a party produces the governor, that governor automatically becomes the leader of the party in the state. ”
He added that the moment Father Alia was elected as Governor of Benue State, some powers in Makurdi started instigating the erstwhile State Chairman, Austin Agada, to disagree with all the decisions of the governor. He wondered how a state governor could work with a state party chairman who doesn’t support his policies.
“The governor is supposed to be the leader of the party in the state, and definitely in Benue State, Governor Alia is the leader of the APC, and the majority of the elders and stakeholders of the party in the state will not accept any other person as the leader of the APC in Benue State. Therefore, as soon as the faction within the APC in the state gives up, by either going to another party or returning to the APC as members, genuine peace will be restored to the party. Otherwise by the next election, they will be nowhere in terms of any political power in the state,” stated Sen. Ebute.
Senator Ebute urged all parties involved in the Benue APC crisis to acknowledge the governor’s position as the party’s leader in the state, and work toward reconciliation.
He insisted that the Leadership is for the people; and the government at the state level should be allowed to run smoothly in the interest of the people. Regarding Governor Alia’s leadership, Senator Ebute expressed confidence in the governor’s performance despite the internal party disputes. He insisted that the governor is in full control, and performing as though there was no crisis in the party at the state level. He added that since Governor Alia came on board, the lives of the people have been changed positively.
“They are now enjoying the dividends of their democracy. Governor Alia is providing roads, paying salaries on 25th of every month, paying gratuities and pension to people whose gratuities were not paid for the upward of two to three years before the coming of Alia into office. So I don’t know what the whole faction is about. But the matter will be there until the next election, either election at the state level of the APC, to constitute a new EXCO, or the General Elections. And I think Agada’s tenure will soon expire; then we will elect another state chairman of the party. That is the time that this crisis will finally come to an end,” stated Sen. Ebute.
He added, “Father Alia is not minding anybody’s claim to be the leader of the APC in Benue State, he is going ahead as the leader of the party, and we and others are supporting him squarely.”
Concluding, Senator Ebute dismissed speculations that Governor Alia would not secure a second term, arguing that his popularity and achievements had already endeared him to the electorate.
“If Governor Alia comes out as a candidate, I don’t see any demi-god that can stop him, because God will not stop him, and it’s only people who feel they are demi-gods that are boasting all over the place that Governor Alia cannot return to office in 2027…we are just laughing at them, because their votes are only few, maybe one or two. But Alia, through his performance, has captured the generality of Benue people, and if you now go to Benue State and say Governor Alia will not come back in 2027, you will be lynched,” he declared.
Signed,
Media Office of Senator Ameh Ebute
