The National Industrial Court (NIC) in Abuja has declared the removal of Benue State Chief Judge, Justice Maurice Ikpambese, unconstitutional, delivering a major blow to the actions taken by the Benue State House of Assembly and Governor Hyacinth Alia. In a judgment delivered by Justice Osatohanmwen Obaseki-Osaghae, the court ruled that the removal and recommendation for disciplinary action against Justice Ikpambese violated the 1999 Constitution (as amended). The court emphasized that Sections 153(1)(i), 271(1), and 292(1)(a)(ii), as well as the Third Schedule, clearly stipulate that a Chief Judge can only be removed based on the recommendation of the National Judicial Council (NJC) after due process and a fair hearing.
The suit (NICN/ABJ/68/2025) was filed by Justice Ikpambese, who challenged the legality of his ousting. The court upheld his claims, affirming that his right to fair hearing was breached, and the removal process was unconstitutional and void. The NIC also restrained the NJC from considering any petition against the judge brought by the Benue State Attorney General or Governor, and invalidated a February 18, 202,5 press statement issued by 13 Assembly members announcing the Chief Judge’s removal.
Furthermore, an order of perpetual injunction was granted, barring the Benue Assembly, its Speaker, Attorney General, and the Governor from taking further actions aimed at suspending or removing Justice Ikpambese without adhering to constitutional provisions. This ruling reaffirms the independence of the judiciary and underscores the need for strict compliance with due process in disciplinary actions involving judicial officers.
