Renowned human rights lawyer, Femi Falana (SAN), has condemned 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.
Describing the suspension as a “reckless breach of the Constitution,” Falana argued that the Assembly’s leadership acted beyond its legal powers.
According to Falana, multiple court rulings have established that the suspension of elected lawmakers is illegal and unconstitutional, as it deprives their constituencies of representation.
He cited legal precedents, including the cases of:
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 authority.
Falana also referenced the 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 said.
The suspension has sparked widespread criticism, with legal experts and civil rights advocates warning that such actions threaten democratic governance and legislative independence in Benue State.
