Court Nullifies Removal of Benue Chief Judge, Says Due Process was Ignored

The National Industrial Court sitting in Abuja has ruled that the removal of Justice Maurice Ikpambese, the Chief Judge of Benue State, by the state House of Assembly was unconstitutional, declaring the action null and void.

In the judgment delivered on Wednesday, Justice Osatohanmwen Obaseki-Osaghae, who presided over the matter, held that both the recommendation of Governor Hyacinth Alia and the resolution of the Benue State House of Assembly to oust Justice Ikpambese violated established constitutional provisions and legislative procedures.

The case, marked NICN/ABJ/68/2025, was filed by Justice Ikpambese, who challenged the legality of his removal. The court ruled in his favour, citing breaches of Section 292(1)(ii) of the 1999 Constitution and Order VII Rule 39(4) and Order XI Rule 78(8)(a)-(c) of the Standing Orders of the Benue Assembly (2023).

Also struck out was a press statement issued by 13 lawmakers on February 18, 2025, which had publicly announced the Chief Judge’s removal. The judge deemed the statement legally ineffective.

“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.

In a further blow to the state government, the court also barred the National Judicial Council (NJC) from entertaining or acting on any petition forwarded by the Benue State Attorney General or the Governor in relation to disciplining or investigating Justice Ikpambese.

Justice Obaseki-Osaghae also dismissed objections raised by the defendants, describing them as lacking merit and confirming the court’s authority to entertain the matter. She affirmed that all the reliefs sought by the claimant were valid and deserving of being granted.

“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,” she stated.

The judge emphasized that failure to grant the Chief Judge a fair hearing before attempting his removal rendered the entire process fundamentally flawed and invalid.