The National Industrial Court, Abuja division, on Wednesday declared the removal of the Chief Judge of Benue State, Justice Maurice Ikpambese, by the State House of Assembly as unconstitutional, null, and void.
Justice Osatohanmwen Obaseki-Osaghae, in a landmark ruling, also invalidated a recommendation made by Governor Hyacinth Alia for the judge’s removal, describing it as a violation of constitutional provisions.
Delivering judgment in the suit NICN/ABJ/68/2025 filed by Justice Ikpambese, the court held that neither the state governor nor the House of Assembly had the power to remove the Chief Judge without the input of the National Judicial Council (NJC).
“The actions of the governor and the House of Assembly, taken without the prior investigation and concurrence of the NJC, are unconstitutional, null, and void,” the court ruled.
Justice Obaseki-Osaghae further declared that the Speaker of the House, Hyacinth Dajoh, had no authority to announce the judge’s removal without complying with due process as stipulated under Section 292 of the 1999 Constitution (as amended).
In a significant move, the court also restrained the NJC from acting on any petition forwarded to it by Governor Alia or the Attorney General of Benue State, aimed at investigating or disciplining Justice Ikpambese.
The ruling emphasised the importance of fair hearing and constitutional safeguards, stating that the judge was denied due process before the purported removal.
According to the judge, “The defendants violated Section 292(1)(a)(ii) of the Constitution, and relevant Standing Orders of the Benue State House of Assembly.”
An order of perpetual injunction was issued against the Benue State House of Assembly, its Speaker, the Attorney General of the state, and Governor Alia, barring them from initiating or permitting any action aimed at removing or suspending Justice Ikpambese from office without due constitutional process.
The February 18, 2025, press release by 13 lawmakers announcing the removal of the Chief Judge was also declared invalid by the court.
The suit, filed by Ikpambese through his counsel, Prof. Sabastine Hon (SAN), listed the following as defendants, National Judicial Council (NJC), Attorney General of the Federation and Minister of Justice, Benue State House of Assembly, Speaker of the Benue State House of Assembly, Attorney General of Benue State and Governor Hyacinth Alia.
The judge dismissed preliminary objections challenging the competence of the suit, affirming that the Chief Judge was fully entitled to the reliefs he sought.
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