The National Industrial Court, Abuja Division, has ordered that court processess in the suit filed by the Chief Judge of Benue State, Justice Maurice Ikpambese, be served on the Governor of Benue State, Hyacinth Alia, through substituted.
The presiding judge, Justice O. A Obaseki-Osaghae gave the order on Wednesday, March 12th, 2025,
while ruling on a ex parte application filed by counsel to Justice Ikpambese, Chief Sebastine Hon, SAN.
Justice Obaseki-Osaghae ordered that the originating processes and any other processes filed or issued in the suit be served on the Governor of Benue State at office of the State Attorney General’s Office, by the High Court Premises, Makurdi, Benue State, till the governor retains a Counsel to defend him in the suit.
The judge accordingly adjourned the matter to March 17th, 2025.
In the suit marked: NICN/ABJ/68/2025, the Chief Judge of Benue State, Justice Maurice Ikpambese, is asking the court to determine whether, by a combined interpretation of sections 153(1)() and (2),271(1), 292(1)(a)(i) of the Constitution of the Federal Republic of Nigeria,1999 as amended and Paragraph 21 of Part 1 of the 3rd Schedule to the said Constitution, the purported removal of Justice Ikpambese from office as the Chief Judge of Benue State by the Benue State House of Assembly (as announced by the Speaker of the Benue State House of Assembly); or the purported recommendation for removal from office of the Chief Judge of Benue State(as separately claimed by the Governor of Benue State), upon the Petition of the Governor of Benue State,without the prior investigation/concurrence of the National Judicial Council,NJC, is constitutional and valid.
He is asking the court to determine whether by the provisions of section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the purported removal of Justice Ikpambese from office as the Chief Judge of Benue State by the Benue State House of Assembly (as announced by the Speaker); or the purported recommendation for removal from office of the Chief Judge of Benue State (as separately claimed by the governor), upon the petition of the governor,without inputs from, or the concurrence of, the National Judicial Commission, and without affording Justice Ikpambese any modicum of hearing prior to the purported removal, is constitutional and valid.
Justice Ikpambese is also asking the court to determine whether by a combined interpretation of sections 153(1)(i) and (2),271(1), 292(1)(a) (ii) of the Constitution of the Federal Republic of Nigeria,1999 as amended and Paragraph 21 of Part 1 of the 3rd Schedule to the said Constitution, the petition written by the Attorney General of Benue State and governor of Benue State to the NJC can be validly acted upon by the NJC, in view of the fact that the Benue State House of Assembly and the Speaker of the Benue State House of Assembly are still claiming that Justice Ikpambese has been finally and conclusively removed from office as the Chief Judge of Benue State, among other questions.
Joined in the suit are the NJC, Attorney General of the Federation and Minister of Justice, the Benue State House of Assembly, the Speaker of the Benue State House of Assembly, the Attorney General of Benue State and the Governor of Benue State as 1st-6th defendants.
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