The Benue State High Court has dismissed a motion filed by Governor Hyacinth Alia seeking to set aside a judgment obtained by 23 suspended local government (LG) chairmen from the National Industrial Court.
POLITICS NIGERIA reports that according to the court, it is incompetent to review the judgment of a brother court, especially as the issue of jurisdiction was dealt with in the said judgment.
The court also dismissed the originating summons by the embattled chairmen, challenging their suspension on the grounds that the same reliefs sought in the suit before the court were granted by the National Industrial Court.
The Makurdi Division of the National Industrial Court had, in a judgment 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, amongst other reliefs.
In reaction to the ruling, those restrained filed a motion seeking a judicial review of the judgment of the court.
In today’s ruling, Justice Maurice 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.
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.
Reacting, the chairman of Kwande Local Government, Orjiir Gbande, said the judgment is a victory for democracy.
