Courtroom Voids Removing Of Benue Chief Choose Ikpambese

The Nationwide Industrial Courtroom sitting in Abuja has declared the removing of the Chief Choose of Benue State, Justice Maurice Ikpambese, from workplace by the state Home of Meeting as unconstitutional, null and void.

Additionally, the court docket stated the suggestions for the removing of the Chief Choose, as individually claimed by the state Governor, Rev Hyacinth Alia is just not solely unconstitutional, but additionally invalid, null and void.

The court docket restrained the Nationwide Judicial Council (NJC) from performing on any petition submitted to it by the Lawyer Common of Benue State and the Benue State Governor for the aim of investigating and exercising disciplinary authority over the claimant in view of the dissociation by the Benue State Home of Meeting and Speaker of the Meeting to insist that the removing of the claimant from workplace was last and conclusive.

Justice Osatohanmwen Obaseki- Osaghae made the orders on Wednesday whereas ruling in go well with No: NICN/ABJ/68/2025 filed by Justice Ikpambese.

Listed as the first to sixth defendants within the go well with had been the Nationwide Judicial Council (NJC), the Attorney General of the Federation and Minister of Justice (AGF), Benue State Home of Meeting, Speaker, Benue State Home of Meeting; Lawyer Common and Commissioner for Justice, Benue State; and the Governor of Benue State, respectively.

Justice Obaseki-Osaghae who dismissed the objections and counter argument raised towards the go well with by the defendants, completely agreed with the authorized arguments and submissions canvassed by counsel to the claimant, Prof Sabastine Hon (SAN), in granting all of the reliefs sought by his consumer.

The court docket held that by a mixed interpretation of Part 153 (1) (ii) and (2), 271(1), 292(1) (a) (ii) of the 1999 Structure and Half 1 of the third Schedule to the stated structure that, the purported removing of the claimant from workplace because the Chief Choose of Benue State by the Benue State Home of Meeting, as introduced by the Speaker of the Home, Chief Hyacinth Dajoh; or the purported suggestions for removing of the claimant from workplace (as individually claimed by the Governor of Benue State), upon the petition of the State Governor, with out the prior investigation/concurrence of the Nationwide Judicial Council is unconstitutional, null and void.

Justice Obaseki-Osaghae equally agreed with Prof. Sabastine Hon, that the actions of the defendants with out the inputs from or the concurrence of the NJC, and with out affording the claimant any modicum of listening to previous to the purported removing/suggestion for removing, is unconstitutional, null and void.
The court docket declared that the actions of the defendants unconstitutional, null, and void, saying similar violated the categorical provisions of Sections 292 (1) (ii) of the the 1999 structure (explicit provision referring 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 Home of Meeting, 2023 and the press assertion issued on February 18, 2025, by 13 members of the state Home of Meeting.

“That by the mixed interpretation of Sections 153 (1) (I) and (2); 27(1); 292(1) (a) (ii) of the 1999 structure, and paragraph 21 of Half I of the third Schedule to the stated structure, the petition written by the Lawyer Common of Benue State and Commissioner for Justice and the Benue State Governor, Rev. Hyacinth Alia to the Nationwide Judicial Council can’t be validly acted upon by the defendants, in view of the truth that the third and 4th defendants are nonetheless claiming that the claimant has been lastly and conclusively faraway from workplace because the Chief Choose of Benue State,” the court docket declared.

The court docket lastly restrained the third to sixth defendants perpetually from taking/inflicting or allowing to be taken any administrative, plenary or different steps by any means, aimed toward or meant for the removing or suspension of the claimant from workplace because the Chief Choose of Benue State, with out due constitutional course of.

The Benue Home of Meeting beneficial the suspension of Justice Ikpambese over alleged abuse of workplace and gross misconduct. In his place, it beneficial that probably the most senior choose be sworn in with fast impact.

The decision was made after a letter from Governor Hyacinth Alia was learn in the course of the plenary by the Majority Chief, Saater Tiseer.