Judge Osatohanmwen Obaseki-Osaghae invalidated the State Assembly’s and Governor Hyacinth Alia’s request to remove the CJ in the case NICN/ABJ/68/2025, which was filed by Justice Ikpambese.

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

Additionally, it nullified a news release published by 13 House members on February 18, 2025, announcing Ikpambese’s dismissal.

The court ruled that the third through sixth defendants were prohibited from taking, causing, or permitting any administrative, plenary, or other actions that would result in the claimant’s removal or suspension from office without following the proper constitutional procedures.

Additionally, the court barred the National Judicial Council (NJC) from taking any action on a petition to investigate or punish Ikpambese that was filed by the governor or the attorney general of Benue.

Justice Obaseki-Osaghae emphasized that the court was inclined to grant all reliefs sought by the claimant and dismissed the defendants’ objections contesting the suit’s competence.

According to a combined interpretation of Part 1 of the Third Schedule to the Constitution, Sections 153(1)(i) & (2), 271(1), and 292(1)(a)(ii) of the 1999 Constitution (as amended), and the claimant’s removal by the Benue State House of Assembly, whether through its Speaker, Chief Hyacinth Dajoh, or on the governor’s recommendation, without first obtaining the NJC’s investigation and approval, is unconstitutional and void, the judge ruled.

The court further decided that the entire process was invalid because the chief judge was not given a fair hearing prior to the alleged removal.