Renowned human rights lawyer, Femi Falana (SAN), has strongly criticized the Benue State House of Assembly for suspending 13 legislators who opposed a resolution directing Governor Hyacinth Alia to remove the state’s Chief Judge, Justice Maurice Ikpambese, from office.
Falana described the suspension as a “reckless breach of the Constitution,” arguing that the Assembly’s leadership acted beyond its legal authority.
Falana emphasized that multiple court rulings have established the suspension of elected lawmakers as illegal and unconstitutional, as it denies their constituencies the right to representation. He cited several legal precedents to support his position, including:
– Hon. Dino Melaye & Ors v. House of Representatives
– Senator Ovie Omo-Agege v. The Senate
– Senator Ali Ndume v. The Senate
In each of these cases, the Federal High Court nullified the suspension of the lawmakers, ruling that their respective legislative bodies acted ultra vires—beyond their legal powers.
Falana also referenced the case of Speaker of the Bauchi State House of Assembly v. Hon. Rifkatu Danna (2017), where the Court of Appeal upheld the Bauchi State High Court’s decision to overturn the indefinite suspension of Hon. Rifkatu Danna. The court ruled that suspending an elected legislator violates the constitutional right to representation.
“The suspension of the 13 Benue legislators cannot be justified under the Constitution. The leadership of the Benue State House of Assembly should recall them without any delay,” Falana stated.
The suspension has drawn widespread criticism from legal experts and civil rights advocates, who warn that such actions undermine democratic governance and legislative independence in Benue State. Falana’s condemnation highlights the growing concern over the misuse of legislative powers to suppress dissent and silence opposition voices.
The controversy stems from the 13 lawmakers’ opposition to the Assembly’s resolution calling for the removal of Justice Maurice Ikpambese as Chief Judge. Their suspension has raised questions about the Assembly’s commitment to democratic principles and the rule of law.
