THE Chief Judge of Benue State, Justice Maurice Ikpambese, has dismissed the Motion on Notice filed by Governor Hyacinth Alia of Benue State, asking the State High Court to set aside the judgment obtained by 23 suspended Local Government (LG) chairmen from the National Industrial Court, Makurdi Division.
Justice Maurice Ikpambese denied the judicial review case for lack of merit.
In a judgment delivered by Justice I. A. Essien, the Makurdi Division of the National Industrial Court restrained the governor, the state government, the Speaker of the state House of Assembly, and three others from dissolving or suspending the elected local government bosses without due process before the expiration of their tenure in office on June 29, 2024, among other reliefs.
In response to the judgment, those constrained filed a motion requesting judicial review of the court’s decision.
In his decision on the motion, Justice Ikpambese stated that a court can only sit over the judgment of a court of coordinating jurisdiction if the judgment is defective or obtained via fraud.
He ruled that the court is unable to review a judgment of a sister court, especially as the issue of jurisdiction was addressed in the stated judgment.
Justice Ikpambese went on to say that there was no reason for the applicants to seek a judicial review, and that they should instead challenge the National Industrial Court’s decision.
The application was dismissed by Justice Ikpambese for lack of merit.
Similarly, the court dismissed the chairmen’s originating summons, which challenged their suspension on the grounds that the same reliefs sought in the court’s petition had been granted by the National Industrial Court, which is a court of coordinating jurisdiction.
In response to the development, Orjiir Gbande, Chairman of Kwande of Local Government, welcomed the decision as sound, stressing that it is yet another win for democracy.
