The Benue State House of Assembly’s removal of Chief Judge Maurice Ikpambese was declared unconstitutional, null and void by the National Industrial Court in Abuja on Wednesday.
Justice Osatohanmwen Obaseki-Osaghae ruled that the recommendation made by Governor Hyacinth Alia and the state Assembly to remove the CJ was invalid.
The court determined that the defendants breached Section 292(1)(ii) of the 1999 Constitution, as well as Order VII Rule 39(4) and Order XI Rule 78(8)(a)-(c) of the Benue State House of Assembly’s Standing Orders, 2023.
It also invalidated a press statement issued by 13 House members on February 18, 2025, announcing Ikpambese’s dismissal.
“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 ordered.
The court further prohibited the National Judicial Council (NJC) from intervening on any petition filed by the Benue Attorney General or Governor attempting to investigate or discipline Ikpambese.
Justice Obaseki-Osaghae dismissed the defendants’ objections to the suit’s competence, emphasising that the court was inclined to grant all reliefs requested by the claimant.
“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 1 of the Third Schedule to the Constitution, 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 held.
The court in its judgement also ruled that the failure to afford the Chief Judge a fair hearing before the purported removal further rendered the entire process null and void.
