The National Industrial Court sitting in Abuja has declared the removal of the Chief Judge of Benue State, Justice Maurice Ikpambese, from office by the state House of Assembly as unconstitutional, null and void.
Also, the court said the recommendations for the removal of the Chief Judge, as separately claimed by the state Governor, Rev Hyacinth Alia is not only unconstitutional, but also invalid, null and void.
The court 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 for the purpose of investigating and exercising disciplinary authority over the claimant in view of the dissociation by the Benue State House of Assembly and Speaker of the Assembly to insist that the removal of the claimant from office was final and conclusive.
Justice Osatohanmwen Obaseki- Osaghae made the orders on Wednesday while ruling in suit No: NICN/ABJ/68/2025 filed by Justice Ikpambese.
Listed as the 1st to 6th defendants in the suit were the National Judicial Council (NJC), the Attorney General of the Federation and Minister of Justice (AGF), Benue State House of Assembly, Speaker, Benue State House of Assembly; Attorney General and Commissioner for Justice, Benue State; and the Governor of Benue State, respectively.
Justice Obaseki-Osaghae who dismissed the objections and counter argument raised against the suit by the defendants, totally agreed with the legal arguments and submissions canvassed by counsel to the claimant, Prof Sabastine Hon (SAN), in granting all the reliefs sought by his client.
The court held that by a combined interpretation of Section 153 (1) (ii) and (2), 271(1), 292(1) (a) (ii) of the 1999 Constitution and Part 1 of the 3rd Schedule to the said constitution that, the purported removal of the claimant from office as the Chief Judge of Benue State by the Benue 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 National Judicial Council is unconstitutional, null and void.
Justice Obaseki-Osaghae equally agreed with Prof. Sabastine Hon, that the actions of the defendants without the inputs from or the concurrence of the NJC, and without affording the claimant any modicum of hearing prior to the purported removal/recommendation for removal, is unconstitutional, null and void.
The court declared that the actions of the defendants unconstitutional, null, and void, saying same violated the express provisions 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 and the press statement issued on February 18, 2025, by 13 members of the state House of Assembly.
“That by the combined interpretation of Sections 153 (1) (I) and (2); 27(1); 292(1) (a) (ii) of the 1999 constitution, and paragraph 21 of Part I of the 3rd Schedule to the said constitution, the petition written by the Attorney General of Benue State and Commissioner for Justice and the Benue State Governor, Rev. Hyacinth Alia to the National Judicial Council cannot be validly acted upon by the defendants, in view of the fact that the 3rd and 4th defendants are still claiming that the claimant has been finally and conclusively removed from office as the Chief Judge of Benue State,” the court declared.
The court finally restrained the 3rd to 6th defendants perpetually 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 as the Chief Judge of Benue State, without due constitutional process.
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 was made after a letter from Governor Hyacinth Alia was read during the plenary by the Majority Leader, Saater Tiseer.
