The National Industrial Court sitting in Abuja has declared the removal of the Chief Judge of Benue State, Justice Maurice Ikpambese, as unconstitutional and unlawful.
In a verdict delivered on Wednesday in case NICN/ABJ/68/2025, Justice Osatohanmwen Obaseki-Osaghae nullified the action taken by Governor Hyacinth Alia and the Benue State House of Assembly, ruling that it violated both constitutional and legislative provisions.
The judge emphasized that the dismissal breached Section 292(1)(ii) of the 1999 Constitution and contravened Orders VII Rule 39(4) and XI Rule 78(8)(a)-(c) of the 2023 Standing Orders of the Benue Assembly.
The court also invalidated the statement issued by 13 lawmakers on February 18, which had announced Ikpambese’s dismissal.
Justice Obaseki-Osaghae issued a perpetual injunction against the 3rd to 6th defendants, preventing them from taking any steps, whether legislative, administrative, or otherwise, that would further the removal or suspension of the Chief Judge without following constitutional procedures.
Additionally, the National Judicial Council (NJC) was barred from entertaining any complaints or disciplinary petitions forwarded by the state Attorney General or the Governor against Justice Ikpambese.
The judge also dismissed preliminary objections from the defence, stating the court had full jurisdiction and authority to hear the matter.
She ruled that the Chief Judge was denied a fair hearing, which rendered the removal process invalid from the onset.
According to the court, “Sections 153(1)(i) & (2), 271(1), and 292(1)(a)(ii) of the Constitution, when read together with Part 1 of the Third Schedule, make it clear that no state assembly or governor can remove a chief judge without NJC involvement.”