Benue Court Dismisses Gov’s Application Against Suspended LG Chairmen

A Benue State High Court sitting in Makurdi, the state capital has dismissed the motion on notice filed by Governor Hyacinth Alia seeking the setting aside of the judgement obtained by the 23 local government chairmen at the National Industrial Court (NICN), Makurdi Division.

The state chief judge, Justice Maurice Ikpambese, dismissed the application for judicial review for lacking in merit.

The Makurdi Division of NICN had in a judgement delivered by Justice I. A. Essien, restrained the governor, the state government, the speaker of the state House of Assembly and three others from dissolving or suspending the chairmen without due process before the expiration of their tenure in office on June 29, 2024, amongst other reliefs.

In a reaction to the judgement, the defendants filed a motion seeking a judicial review of the judgement.

Ruling on the application, Justice Ikpambese held that a court can only sit over the judgement of a court of coordinate jurisdiction if it is a nullity or the judgement was obtained by fraud.

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He ruled that the court is incompetent to review the judgement of a brother-court especially as the issue of jurisdiction was dealt with in the said judgement.

Justice Ikpambese further held that there was no basis for the applicants to approach the court for a judicial review, and added that what the applicants ought to do is to appeal the judgement of the National Industrial Court.

Ikpambese accordingly, dismissed the application for lack of merit.

The court also dismissed the originating summons by the chairmen against the governor and five others challenging their suspension, on the grounds that the same reliefs sought in the suit before the court were granted by the NICN, which is a court of coordinate jurisdiction.

Reacting to the ruling, the chairman of Kwande local government area, Orjiir Gbande, described it as sound, saying “it is also a victory for democracy.”