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.
In a landmark ruling delivered on Wednesday, Justice Osatohanmwen Obaseki-Osaghae also nullified the recommendation for Justice Ikpambese’s removal by Benue State Governor, Rev. Hyacinth Alia, describing it as invalid and a violation of constitutional provisions.
The court further restrained the National Judicial Council (NJC) from acting on any petition submitted by the Governor or the State’s Attorney General regarding disciplinary action against the Chief Judge, citing lack of due process and constitutional breaches.
The judgment followed a suit (No: NICN/ABJ/68/2025) filed by Justice Ikpambese, challenging his removal and seeking full reinstatement. The NJC, Attorney General of the Federation, Benue State House of Assembly, its Speaker, the State Attorney General, and the Governor were listed as the first to sixth defendants.
Justice Obaseki-Osaghae dismissed all preliminary objections by the defendants and upheld the arguments of Prof. Sabastine Hon (SAN), counsel to the claimant. She ruled that the removal of the Chief Judge, without prior investigation or approval from the NJC and without granting the claimant a fair hearing, violates sections 153(1)(i), 271(1), and 292(1)(a)(ii) of the 1999 Constitution, as well as relevant House Standing Orders.
The court also noted that the press release issued by 13 members of the State Assembly on February 18, 2025, did not satisfy the constitutional requirement of two-thirds majority needed to remove a judicial officer.
Accordingly, the court barred the Benue State House of Assembly, its Speaker, the Attorney General, and the Governor from taking any further steps to remove or suspend Justice Ikpambese without following due constitutional procedures.
The Benue State House of Assembly had earlier recommended Justice Ikpambese’s suspension over alleged abuse of office and gross misconduct, following a letter from Governor Alia read during plenary. The lawmakers had also called for the immediate swearing-in of the most senior judge in his place.
Wednesday’s ruling firmly reasserts the judiciary’s independence and underscores the constitutional limits on executive and legislative actions regarding judicial officers.
