Chief Justice Maurice Ikpambese of Benue State, has dismissed the Motion on Notice brought by the Governor of Benue State, urging the State High Court to set aside the judgement won 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.
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The Makurdi Division of the National Industrial Court, in a judgement delivered by Justice I. A. Essien, 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.
In response to the judgement, those restrained filed an application seeking judicial review of the court’s decision.
In his decision on the motion, Justice Ikpambese stated that a court can only sit over the judgement of a court of coordinating jurisdiction if the judgement is defective or obtained via fraud.
He ruled that the court is unable to review a judgement of a sister court, especially as the issue of jurisdiction was addressed in the stated judgement.
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.
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Justice Ikpambese dismissed the case due to 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.