convenient sitting and if, on a motion supported by the votes of not less than twothirds of all the members, the National Assembly resolves that the judge be
removed from office, the judge shall immediately cease to hold office.
In RE: JUDGE PAMELA J. WHITE Court of Appeals of Maryland in Misc. No. 5
February 22, 2017, it was stated that an accused Judge is entitled to these elements
of procedural due process: notice, an opportunity to respond, a fair hearing –
regardless of the outcome – i.e., whether the Commission ultimately decides to
dismiss the charges, reprimand the judge, or recommend that we censure,
discipline, or remove the judge. The Court further stated that an accused judge is
entitled to a fair proceeding, but not necessarily a perfect proceeding.
From the facts and evidence adduced by both parties, there is nothing to show or
prove that the relevant provisions as cited above were complied with by the
Defendant relative to the Plaintiff. The Plaintiff states that there was no
investigation, neither was there any consultation with the Chairman of Council with
regards to his removal. The Defendant on the other hand merely stated that due
process was complied with without adducing evidence in proof. No copies of the
investigation report, and other relevant documents in compliance with the
provisions of section 141 of the constitution above.
On the issue of the investigation, the Defendant has not sufficiently discharged the
requirement of proof upon it as stated in the case of FEMI FALANA, WAIDI
MOUSTAPHA v. THE REPUBLIC OF BENIN & 2 ORS (cited supra).
31