COURT NULLIFIES REMOVAL OF BENUE CHIEF JUDGE, SAYS ASSEMBLY BREACHED CONSTITUTION

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By Aishat Momoh. O.

The National Industrial Court sitting in Abuja on Wednesday nullified the removal of the Chief Judge of Benue State, Justice Maurice Ikpambese, by the state House of Assembly, declaring the action unconstitutional, null, and void.

In a landmark judgment delivered in Suit No. NICN/ABJ/68/2025, Justice Osatohanmwen Obaseki-Osaghae held that the actions of the Benue State House of Assembly and Governor Hyacinth Alia violated Section 292(1)(ii) of the 1999 Constitution, as well as provisions of the House Standing Orders.

The court ruled that the February 18, 2025 press statement by 13 lawmakers announcing Justice Ikpambese’s removal lacked legal backing, and that due constitutional processes were not followed.

“A perpetual injunction is hereby issued restraining the 3rd to 6th defendants from taking, causing, or permitting any administrative, plenary, or other steps aimed at or intended to effect the removal or suspension of the claimant from office without due constitutional process,” the court ruled.

Justice Obaseki-Osaghae further barred the National Judicial Council (NJC) from acting on any petition filed by the state government or Attorney General against the Chief Judge, noting that the NJC’s role in the disciplinary process of judicial officers was constitutionally protected.

The court dismissed preliminary objections filed by the defendants challenging the competence of the suit, adding that all the reliefs sought by Justice Ikpambese were meritorious and therefore granted.

According to the judgment, the removal attempt failed to meet the requirements of fair hearing and lacked NJC’s prior investigation and recommendation, which are prerequisites for removing a judicial officer.

“A combined interpretation of Sections 153(1)(i) & (2), 271(1), and 292(1)(a)(ii) of the 1999 Constitution (as amended), as well as Part I of the Third Schedule, renders the removal of the claimant by the Benue State House of Assembly whether through its Speaker, Chief Hyacinth Dajoh, or on the recommendation of the Governor without prior investigation and concurrence by the NJC, unconstitutional, null and void,” the judge ruled.

The court emphasized that Justice Ikpambese was also denied fair hearing, a further violation that invalidated the entire removal process.