The National Industrial Court sitting in Abuja has declared the purported removal of the Chief Judge of Benue State, Justice Maurice Ikpambese, from office by the state House of Assembly as unconstitutional, null and void.

The court further declared that the purported recommendations for the removal of the Chief Judge, as separately claimed by the state Governor, Rev Hyacinth Alia, was not only unconstitutional, but was also invalid, null and void.

In addition, 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, to investigate and exercise disciplinary authority over the claimant, in view of the dissociation by the Benue State House of Assembly and Speaker of the Benue State House of Assembly insisting that the removal of the claimant from office is final and conclusive.

Justice Osatohanmwen Obaseki-Osaghae made the orders on Wey in his judgment in suit No: NICN/ABJ/68/2025 filed by the claimant, Justice Ikpambese.

Listed as the 1st to 6th defendants in the suit are the NJC, the Attorney General of the Federation, and the Minister of Justice (AGF); the Benue State House of Assembly; Speaker, Benue State House of Assembly; the Benue State Attorney General and Commissioner for Justice, 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.

It was the findings and order of the court 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 NJC is unconstitutional, null and void.

Justice Obaseki-Osaghae equally agreed with Prof. Sabastine, 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 as 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. (Nigerian Tribune)

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