From Godwin Tsa, Abuja
The National Industrial Court sitting in Abuja has declared the purported removal of the Chief Judge of Benue State, Justice Maurice Ikpambese, from office by the state House of Assembly as unconstitutional, null, and void.
The court further declared that the purported recommendations for the removal of the Chief Judge, as separately claimed by the state Governor, Rev. Hyacinth Alia, are not only unconstitutional but also invalid, null, and void.
In addition, the court restrained the National Judicial Council (NJC) from acting on any petition submitted to it by the Attorney General of Benue State and the Benue State Governor, for the purpose of investigating and exercising disciplinary authority over the claimant, in view of the dissociation by the Benue State House of Assembly and Speaker of the Benue State House of Assembly insisting that the removal of the claimant from office is final and conclusive.
Justice Osatohanmwen Obaseki-Osaghae made the orders yesterday in his judgment in suit NO: NICN/ABJ/68/2025 filed by the claimant, Justice Ikpambese.
Listed as the 1st to 6th defendants in the suit are the National Judicial Council (NJC); the Attorney General of the Federation and Minister of Justice (AGF); the Benue State House of Assembly; Speaker, Benue State House of Assembly; the Attorney General and Commissioner for Justice of Benue State; and the Governor of Benue State, respectively.
Justice Obaseki-Osaghae, who dismissed the objections and counter arguments raised against the suit by the defendants, totally agreed with the legal arguments and submissions canvassed by counsel to the claimant, Prof. Sabastine Hon (SAN), in granting all the reliefs sought by his client.
It was the finding and order of the court that by a combined interpretation of sections 153(1)(i) and (2), 271(1), 292(1)(a)(ii) of the 1999 Constitution and Part I of the 3rd Schedule to the said Constitution, the purported removal of the claimant from office as the Chief Judge of Benue State by the Benue State House of Assembly, as announced by the Speaker of the House, Chief Hyacinth Dajoh, or the purported recommendations for removal of the claimant from office (as separately claimed by the Governor of Benue State), upon the petition of the State Governor, without the prior investigation/concurrence of the National Judicial Council, is unconstitutional, null, and void.
Justice Obaseki-Osaghae equally agreed with Prof. Sabastine Hon that the actions of the defendants, without the input from or the concurrence of the NJC, and without affording the claimant any modicum of hearing prior to the purported removal/recommendation for removal, are unconstitutional, null, and void.
The court declared that the actions of the defendants are unconstitutional, null, and void as they violated the express provisions of section 292(1)(a)(ii) of the 1999 Constitution (particular provision relating to two-thirds votes), Order VII Rule 39(4) and Order XI Rule 78(8)(a)-(c) of the Standing Orders of the Benue State House of Assembly, 2023, and the press statement issued on Tuesday, February 18, 2025, by 13 members of the state House of Assembly.
That by the combined interpretation of sections 153(1)(i) and (2), 271(1), 292(1)(a)(ii) of the 1999 Constitution, and paragraph 21 of Part I of the 3rd Schedule to the said Constitution, the petition written by the Attorney General of Benue State and Commissioner for Justice and the Benue State Governor, Rev. Hyacinth Alia, to the National Judicial Council cannot be validly acted upon by the defendants, in view of the fact that the 3rd and 4th defendants are still claiming that the claimant has been finally and conclusively removed from office as the Chief Judge of Benue State.
The court finally restrained the 3rd to 6th defendants perpetually from taking/causing or permitting to be taken any administrative, plenary, or other steps whatsoever, aimed at or intended for the removal or suspension of the claimant from office as the Chief Judge of Benue State, without due constitutional process.
The Benue House of Assembly recommended the suspension of Justice Ikpambese over alleged abuse of office and gross misconduct. In his place, it recommended that the most senior judge be sworn in with immediate effect.
The resolution was made after a letter from Governor Hyacinth Alia was read during the plenary by the Assembly’s Majority Leader, Saater Tiseer.
According to the letter, there are five allegations against the Chief Judge, including abuse of office by issuing a directive to overturn the state electoral law passed by the state lawmakers and assented to by the governor.
Other allegations are misappropriation and mismanagement of the budgetary allocation and finances of the state judiciary, engagement with politicians and political office holders for favourable judicial outcomes, and indirect participation and incitement of industrial actions against the state executive.
Tiseer stated that they received a complaint from the state Attorney-General detailing the allegations, and after exhaustive deliberation, the Assembly went into a division where 23 members out of 31 present voted in support of the recommendation to remove the judge.
By Wednesday, the lawmakers slammed a three-month suspension on 13 members of the Assembly for what the Speaker, Chief Hyacinth Dajoh, described as “dishonourable actions capable of casting aspersions and causing acrimony in the House”.
