The power drunk leadership of the Benue State House of Assembly has been reported to have suspended the 13 members of the House who opposed the illegal resolution directing Governor Hyacinth Alia to remove the Chief Judge of Benue StatebJustice Maurice Ikpambese from office. 

The purported suspension of the 13 legislators is a reckless breach of the Constitution. In the cases of Hon Dino Melaye & Ors v House of Representatives, Senator Ovie Omo Agege v The Senate and Senator Ali Nduma v The Senate, the Federal High Court nullified the illegal suspension of the Plaintiffs on the ground that the Defendants acted ultra vires.

In the case of the Speaker of the Bauchi House of Assembly vs Honourable Rifkatu Danna (2017) 49 WRN 82, the Court of Appeal affirmed the judgment of the Bauchi State High Court which had earlier set aside the indefinite suspension of Rifkatu Danna as member of the Bauchi State House of Assembly. The Court held that the suspension of an elected legislator is illegal and unconstitutional as it constitutes a denial of representation by his or her constituency.

Since the suspension of the legislators cannot be justified under the Constitution, the leadership of the Benue State House of Assembly should recall them without any delay. 

Femi Falana SAN