Court nullifies removal of Benue CJ, says it’s unconstitutional

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

In her ruling on Wednesday, Justice Osatohanmwen Obaseki-Osaghae delivered judgment in suit NICN/ABJ/68/2025, filed by Justice Ikpambese to challenge his removal.

The court nullified the recommendation made by Governor Hyacinth Alia and the Benue State House of Assembly, stating that the due process was not followed in attempting to oust the state’s top judicial officer.

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The court ruled that the defendants violated Section 292(1)(ii) of the 1999 Constitution, as well as Order VII Rule 39(4) and Order XI Rule 78(8)(a)-(c) of the Standing Orders of the Benue State House of Assembly, 2023.

It also invalidated a February 18, 2025, press statement issued by 13 members of the House, which announced Ikpambese’s removal.

“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.

The court further restrained the National Judicial Council (NJC) from acting on any petition submitted by the Benue Attorney General or the Governor seeking to investigate or discipline Ikpambese.

Justice Obaseki-Osaghae dismissed the defendants’ objections challenging the competence of the suit, stressing that the court was inclined to grant all reliefs sought by the claimant.

“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,” the judge held.

The court also ruled that the failure to afford the Chief Judge a fair hearing before the purported removal further rendered the entire process invalid.