Court declares removal of Benue CJ, Ikpambese, unconstitutional,
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, by the state House of Assembly.
Delivering judgment, Justice Osatohanmwen Obaseki-Osaghae also voided the recommendation for Justice Ikpambese’s removal made by Governor Hyacinth Alia.
The court further restrained the National Judicial Council (NJC) from acting on any petition submitted to it by the Attorney General of Benue State or the state governor for the purpose of investigating or exercising disciplinary authority over the claimant.
The judgment followed a suit marked NICN/ABJ/68/2025 filed by the embattled Chief Judge.
Listed as 1st to 6th defendants were the NJC; the Attorney General of the Federation and Minister of Justice (AGF); the Benue State House of Assembly; Speaker of the Benue State House of Assembly; the Attorney General and Commissioner for Justice of Benue State; and Governor Hyacinth Alia.
While dismissing preliminary objections challenging the competence of the suit, Justice Obaseki-Osaghae held that the claimant, represented by Prof. Sabastine Hon (SAN), was entitled to the reliefs sought.
The court held that, based on sections 153(1)(i), 153(2), 271(1), and 292(1)(a)(ii) of the 1999 Constitution (as amended) and Part I of the Third Schedule to the Constitution, the purported removal of the claimant by the House of Assembly, as announced by the Speaker, Hyacinth Dajoh, or any recommendation by the governor without prior investigation and concurrence of the NJC, was unconstitutional, null, and void.
It further ruled that the defendants’ actions, taken without the input or concurrence of the NJC and without affording the claimant a fair hearing before the purported removal or recommendation, were unconstitutional.
The court also held that the defendants violated Section 292(1)(a)(ii) of the Constitution, 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.
A press statement issued on February 18, 2025, by 13 members of the House of Assembly, announcing the Chief Judge’s removal, was invalidated.
The court issued an order of perpetual injunction restraining the 3rd to 6th defendants from taking or permitting any action aimed at removing or suspending the claimant from office without due constitutional process.
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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, by the state House of Assembly. Delivering judgment, Justice Osatohanmwen Obaseki-Osaghae also voided the recommendation for Justice Ikpambese’s removal made by Governor Hyacinth Alia. […]
The post Court declares removal of Benue CJ, Ikpambese, unconstitutional appeared first on Vanguard News.
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