The National Industrial Court (NIC) sitting in Abuja on Wednesday ruled that the purported removal of Justice Maurice Ikpambese as Chief Judge of Benue State by the State House of Assembly is unconstitutional.
Justice Osatohanmwen Obaseki-Osaghae delivered the judgment, also invalidating Governor Hyacinth Alia’s recommendation for the CJ’s removal.
The court restrained the National Judicial Council (NJC) from acting on any petitions submitted by the Attorney General of Benue State or Governor Alia regarding disciplinary action against Justice Ikpambese.
The case, marked NICN/ABJ/68/2025, was filed by Justice Ikpambese, with defendants including the NJC, Attorney General of the Federation, Benue State House of Assembly and its Speaker, the State Attorney General, and Governor Alia.
Justice Obaseki-Osaghae dismissed objections challenging the suit’s competence and held that the removal without prior NJC investigation or concurrence violated sections 153(1)(ii), 271(1), 292(1)(a)(ii) of the 1999 Constitution (as amended), and the Third Schedule to the Constitution.
The court found that the defendants’ actions, including a February 18, 2025 press statement by 13 Assembly members announcing the CJ’s removal, were unconstitutional, null, and void for failing to afford the claimant a hearing and ignoring the NJC’s role.
An order of perpetual injunction was granted, barring the State House of Assembly, Governor, and other defendants from taking any administrative or legislative steps to remove or suspend Justice Ikpambese without following due constitutional process.
The controversy arose after the Benue House of Assembly recommended Justice Ikpambese’s suspension over allegations of abuse of office and gross misconduct, proposing that the most senior judge be sworn in as acting Chief Judge. This followed a letter from Governor Alia read during plenary by the Assembly Majority Leader, Hon. Saater Tiseer.
