By Ikechukwu Nnochiri
ABUJA–The National Industrial Court, NIC, sitting in Abuja, on Wednesday, declared as unconstitutional the purported removal of the Chief Judge of Benue State, Justice Maurice Ikpambese, from office by the state House of Assembly.
The court, in the judgment that was delivered by Justice Osatohanmwen Obaseki-Osaghae, equally voided the recommendation of the CJ’s removal by Governor Hyacinth Alia.
It restrained the National Judicial Council, NJC, from acting on any petition submitted to it by the Attorney General of Benue State and the Benue State Governor, to investigate and exercise disciplinary authority over the claimant.
The judgement followed a suit marked: NICN/ABJ/68/2025, which was brought before the court by the embattled CJ.
Listed as 1st to 6th defendants in the matter were the NJC; the Attorney General of the Federation and Minister of Justice (AGF); the Benue State House of Assembly; Speaker, Benue State House of Assembly; the Attorney General and Commissioner for Justice of Benue State, as well as Governor Alia.
While dismissing objections the defendants raised to challenge the competence of the suit, Justice Obaseki-Osaghae held that he was minded to grant the reliefs the Claimant sought through his team of lawyers led by Prof. Sabastine Hon, SAN.
According to the court, by a combined interpretation of sections 153 (1) (ii) and (2), 271(1), 292(1) (a) (ii) of the 1999 Constitution, as amended, as well as Part 1 of the 3rd Schedule to the Constitution, the purported removal of the claimant from office as the CJ of Benue State by the State House of Assembly, as announced by the Speaker of the House, Chief Hyacinth Dajoh; or the purported recommendations for removal of the claimant from office (as separately claimed by the Governor of Benue State), upon the petition of the State Governor, without the prior investigation/concurrence of the NJC, was unconstitutional, null and void.
It held that actions of the defendants without any input from or the concurrence of the NJC, and without affording the claimant any modicum of hearing before the purported removal/recommendation for removal, were unconstitutional, null and void.
The court declared that the defendants acted in breach of sections 292 (1) (ii) of the the 1999 constitution (particular provision relating to two-thirds votes), order Vii rule 39 (4) and order Xi rule 78 (8) (a) -(c) of the Standing orders of the Benue State House of Assembly, 2023.
It invalidated a press statement issued on February 18, 2025, by 13 members of the state House of Assembly, which purportedly announced the removal of the CJ.
The court issued an order of perpetual injunction, restraining the 3rd to 6th defendants from taking/causing or permitting to be taken, any administrative, plenary or other steps whatsoever, aimed at or intended for the removal or suspension of the claimant from office, without due constitutional process.
It will be recalled that the Benue House of Assembly recommended the suspension of Justice Ikpambese over alleged abuse of office and gross misconduct.
In his place, it recommended that the most senior judge be sworn in with immediate effect.
The resolution followed a letter from Governor Alia which was read during plenary by the Majority Leader of the Benue State House of Assembly, Hon. Saater Tiseer.
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