Gov Alia suffers set back as Benue Chief Judge turns down motion on dissolution of LGs

Governor Hyacinth Alia of Benue State may have suffered set back in his legal battle to uphold the dissolution of local governments in the state.

The Motion on Notice filed by the governor seeking the Benue State High Court to upturn the judgment of the National Industrial Court, Makurdi Division in favour of the chairmen of the 23 dissolved Local Governments(LGs), was dismissed by the Chief Judge of Benue State, Justice Maurice Ikpambese, for lacking in merit.

Justice I. A. Essien of the Makurdi Division of the National Industrial Court in a judgment nullified the power of the governor, the Benue State government, Speaker of the State House of Assembly, and three others to dissolve or suspend the elected council chairmen before the expiration of their tenure in office on June 29, 2024, without due process.

Justice Ikpambese, delivering judgment on the application for judicial review by Governor Alia, ruled that a court can only sit over the judgment of a court of coordinate jurisdiction if the judgment is a nullity or the judgment was obtained by fraud.

The Chief Judge maintained that the High Court is incompetent to review the judgment of a brother court, particularly, as the matter of jurisdiction was dealt with in the said judgment.

Justice Ikpambese insisted that there was no basis for the applicants to approach the court for a judicial review, and that what the applicants ought to do is to appeal the judgment of the National Industrial Court.
The Chief Judge, accordingly, dismissed the application for lack of merit.