Drama In Benue: Court Slams Governor Alia, Declares CJ’s Sack Illegal

The National Industrial Court in Abuja has declared the removal of the Chief Judge of Benue State, Justice Maurice Ikpambese, by the State House of Assembly as unconstitutional, null, and void.

Delivering a landmark judgment on Wednesday, Justice Osatohanmwen Obaseki-Osaghae also nullified the recommendation by Governor Hyacinth Alia for the Chief Judge’s dismissal, citing it as a direct breach of the Nigerian Constitution.

In suit number NICN/ABJ/68/2025, filed by Justice Ikpambese, the court ruled that neither the governor nor the state legislature holds the constitutional authority to sack the Chief Judge without the prior investigation and approval of the National Judicial Council (NJC).

Justice Obaseki-Osaghae emphasized that Speaker Hyacinth Dajoh acted outside his powers by announcing the Chief Judge’s removal without following the due process outlined in Section 292 of the 1999 Constitution (as amended).

In a significant order, the court barred the NJC from acting on any petition from Governor Alia or the state’s Attorney General that seeks to investigate or punish Justice Ikpambese.

The court stressed that Ikpambese was denied fair hearing, which constitutes a violation of his constitutional rights.

“The defendants breached Section 292(1)(a)(ii) of the Constitution, along with the Standing Orders of the Benue State House of Assembly,” Justice Obaseki-Osaghae ruled.

She further issued a perpetual injunction restraining the House of Assembly, its Speaker, the Attorney General of the state, and Governor Alia from initiating or approving any action to remove or suspend the Chief Judge without following constitutional procedures.

Additionally, the press release dated February 18, 2025, by 13 lawmakers announcing Ikpambese’s removal was declared invalid.

The lawsuit, filed through senior advocate Prof. Sabastine Hon (SAN), listed the NJC, the Attorney General of the Federation, the Benue State House of Assembly, the Speaker, the Benue State Attorney General, and Governor Hyacinth Alia as defendants.

The court also dismissed preliminary objections against the suit’s competence, affirming that Justice Ikpambese was entitled to all the reliefs he sought.