Renowned human rights lawyer, Femi Falana (SAN), has called on the Nigerian Bar Association (NBA) to sanction lawyers who are members of the Benue State House of Assembly over their involvement in the controversial attempt to remove the Chief Judge of the state, Justice Maurice Ikpambwese.
Falana’s call comes in response to the Assembly’s resolution directing Governor Hyacinth Alia to remove the Chief Judge, a move he argues is unconstitutional and in defiance of a Supreme Court ruling.
Citing the landmark case of Elelu-Habeeb v AGF (2012) 40 WRN 1, Falana emphasized that Section 292 of the Nigerian Constitution mandates that no Chief Judge of a State can be removed without a prior investigation conducted by the National Judicial Council (NJC). In that case, the apex court overturned the removal of the Chief Judge of Kwara State, reaffirming the NJC’s exclusive authority in such matters.
Falana further referenced Section 287 of the Constitution, which compels all authorities to comply with decisions of the Supreme Court. He accused the Benue Assembly of acting in “utter disregard” of binding judicial precedents and described their resolution as both “illegal and contemptuous.”
While acknowledging the NBA’s condemnation of the Assembly’s action, Falana argued that mere criticism is insufficient. He urged the NBA to take disciplinary action against the lawyer-legislators by referring them to the Legal Practitioners Disciplinary Committee (LPDC) of the Body of Benchers.
“The legal profession in Nigeria should follow the example of other democratic countries by sanctioning lawyers who use their official positions to undermine democracy,” Falana insisted.
The controversy surrounding the Benue State House of Assembly’s action has sparked widespread concern among legal professionals and the public, with many calling for strict adherence to constitutional provisions and the rule of law
