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BREAKING: Gov Alia Loses In Court (DETAILS)
BREAKING: Gov Alia Loses In Court (DETAILS)
The Chief Judge of Benue State, Justice Maurice Ikpambese, has rejected the Motion on Notice submitted by Governor Hyacinth Alia, in which he asked the State High Court to invalidate the judgment obtained by 23 suspended Local Government (LG) chairmen from the National Industrial Court, Makurdi Division.
Justice Ikpambese dismissed the application for judicial review, ruling that it lacked merit. The National Industrial Court, in a judgment delivered by Justice I. A. Essien, had previously restrained the governor, the state government, Speaker of the state House of Assembly, and three others from dissolving or suspending the elected council bosses without due process before their tenure’s expiration on June 29, 2024, among other reliefs.
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In response to this judgment, the restrained parties filed a motion seeking a judicial review of the court’s decision. However, Justice Ikpambese asserted that a court can only review the judgment of a court of the same level if the judgment is a nullity or obtained fraudulently. He further emphasized that the court is not authorized to review the judgment of a fellow court, especially when the issue of jurisdiction was already addressed in the initial judgment.
According to Justice Ikpambese, the applicants had no basis to seek judicial review, and instead, they should have appealed the decision of the National Industrial Court. Consequently, he dismissed the application due to its lack of merit.
Additionally, the court also dismissed the originating summons brought by the suspended chairmen, challenging their suspension. The court ruled that the same reliefs sought in their suit were already granted by the National Industrial Court, which is a court of the same level.
The Chairman of Kwande Local Government, Orjiir Gbande, responded to the judgment positively, considering it a sound and significant victory for democracy.
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