Justice Maurice Ikpambese, Chief Judge of Benue State, 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 council bosses without due process before the expiration of their tenure in office on June 29, 2024, among other reliefs.
In reaction to the judgment, those restrained filed a motion seeking a judicial review of the judgment of the court.
Ruling on the application, 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.
Writing by Adeniyi Bakare