The Traffic

Court Nullifies Benue Chief Judge’s Removal, Rebukes Governor Alia and State Assembly

The National Industrial Court in Abuja has delivered a decisive verdict voiding the controversial removal of Justice Maurice Ikpambese as the Chief Judge of Benue State. In a strongly worded judgment on Wednesday, the court slammed the actions of Governor Hyacinth Alia and the Benue State House of Assembly, describing their move as unconstitutional, null, and void.

Presiding judge, Justice Osatohanmwen Obaseki-Osaghae, ruled in favour of Ikpambese in Suit No. NICN/ABJ/68/2025, declaring that the claimant's removal violated both constitutional provisions and the House’s own Standing Orders.

“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, 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,” Justice Obaseki-Osaghae declared.

The court specifically cited breaches of Section 292(1)(ii) of the Constitution and violations of Order VII Rule 39(4) and Order XI Rule 78(8)(a)-(c) of the Benue State House of Assembly Standing Orders, 2023.

A February 18, 2025 press release issued by 13 members of the Assembly announcing the removal was also declared invalid.

In a sweeping judgment, the court granted all the reliefs sought by Justice Ikpambese and dismissed the objections raised by the defendants questioning the court’s jurisdiction and the competence of the suit.

The court further issued a perpetual injunction restraining the Speaker of the House, the Assembly, the Attorney General of Benue State, and other involved parties from taking any steps—administrative, plenary, or otherwise—toward removing or suspending Justice Ikpambese without following due constitutional procedures.

Crucially, the National Judicial Council (NJC) was also barred from entertaining any petition against the Chief Judge originating from the Governor or Attorney General, stemming from this attempted removal.

The court emphasized the lack of fair hearing in the entire process, noting that failure to give Ikpambese the opportunity to respond or defend himself before the removal further invalidated the action.

This landmark ruling underscores the judiciary’s constitutional safeguard against executive overreach and affirms the NJC’s central role in disciplinary proceedings involving judicial officers.

By Haruna Yakubu Haruna