Council Chair: Court dismiss Gov Alia’s application seeking judicial review

From Uche Nnorom, Makurdi

Justice Maurice Ikoambese of the Benue State High Court sitting in Makurdi, Wednesday, dismissed an application filed by the Governor Hyacinth Alia, seeking for a judicial review for lacking in merit.
The Gov filed a Motion on Notice before the court, seeking it to set aside the judgment obtained by the 23 local government chairmen at the National Industrial Court, Makurdi Division.
The industrial court, had in a judgment delivered by Justice I. A. Essien, restrained the governor, state govt, Speaker of the State House of Assembly, and three others from dissolving or suspending the elected council Chairmen without due process before the expiration of their tenure in office on June 29, 2024, amongst other reliefs.
In reaction to the judgment, the governor of Benue state, Benue State government, Speaker of the State House of Assembly, and three others filed a motion seeking a judicial review of the judgment of the National Industrial Court.
Ruling on the application, Justice Ikpambese held 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.
He ruled that the court is incompetent to review the judgment of a brother-court especially as the issue of jurisdiction was dealt with in the said judgment.
Justice Ikpambese further held that there was no basis for the applicants to approach the court for a judicial review, and added that what the applicants ought to do is to appeal the judgment of the National Industrial Court.
Justice Ikpambese accordingly dismissed the application for lacking merit.
Similarly, the court also dismissed the originating summons by the chairmen against the Benue State Governor and five others challenging their suspension, on the grounds that the same reliefs sought in the suit before the court were granted by the National Industrial Court, which is a court of coordinate jurisdiction.