FIC Report (Benue State) – The Speaker of the Benue State House of Assembly, Hon. Aondona Dajoh, on Wednesday, 5th March 2025, acknowledged the receipt of correspondence dated 27th February 2025 from the Senate Committee on Judiciary, Human Rights, and Legal Matters. The letter conveyed the Committee’s concerns regarding the purported removal of the Chief Judge of Benue State.
Hon. Dajoh expressed his utmost respect for the Senate’s commitment to judicial independence, constitutionalism, and due process. He reaffirmed the Benue State House of Assembly’s deep commitment to the rule of law and its full recognition of the constitutional safeguards governing the tenure and removal of judicial officers, as enshrined in Section 292 of the 1999 Constitution (as amended).
In response to the Senate Committee’s intervention, the Speaker emphasized the importance of the constitutional doctrines of federalism and separation of powers, which clearly define the roles and responsibilities of various arms and tiers of government. While the National Assembly exercises legislative and oversight functions, these functions are expressly confined to matters within the Exclusive Legislative List, as provided under Sections 4(2) and 88 of the 1999 Constitution. Matters concerning the appointment and removal of state judicial officers fall primarily within the jurisdiction of the state government, subject to constitutional requirements.
A careful examination of the Constitution and relevant National Assembly statutes does not grant the Senate Committee on Judiciary, Human Rights, and Legal Matters direct supervisory or oversight authority over State Houses of Assembly in matters exclusively within their jurisdiction. The Speaker referenced Sections 4(2) and 88 of the 1999 Constitution in support of this position.
However, while the Committee may express advisory concerns in its role as a custodian of constitutional values, any directive or resolution from the Senate that encroaches upon the constitutional autonomy of State Assemblies would, at best, be persuasive rather than binding.
The Benue State House of Assembly acknowledges the sanctity of the judiciary and is committed to ensuring that all actions strictly conform to constitutional due process. Accordingly, the House remains steadfast in aligning its resolutions with constitutional requirements.
Hon. Dajoh reiterated that the Benue State House of Assembly acted in strict compliance with constitutional provisions regarding the removal of a Chief Judge. Specifically, upon receipt of a letter from the Executive, the House deliberated and secured the requisite two-thirds majority vote, thereby fulfilling its constitutional role in the removal process.
The House of Assembly, in carrying out this duty, had no constitutional obligation to investigate or verify whether the Executive had, in the first instance, transmitted such correspondence to the National Judicial Council (NJC), as required under Section 292(1)(a)(ii) of the 1999 Constitution. The constitutional framework does not grant the State House of Assembly investigative oversight over the Executive’s procedural engagements with the NJC. Rather, the House’s role was strictly limited to voting on the recommendation for removal once duly presented by the Executive.
The Benue State House of Assembly remains unwavering in its adherence to constitutional due process and respects the independence of the judiciary. However, in fulfilling its legislative responsibilities, the House acted strictly within the ambit of the law and cannot be held accountable for any preliminary procedural steps that fall within the purview of the Executive and the NJC.
While appreciating the Senate Committee’s interest in the matter, the House maintains that the constitutional authority to determine the legality or otherwise of the Chief Judge’s removal rests solely with the courts, not the legislature. Any concerns regarding procedural compliance should be adjudicated judicially rather than subjected to extrajudicial interventions that may undermine the autonomy of State legislative institutions.
The House recognizes the Senate Committee’s commitment to upholding democratic tenets but reiterates that any resolution on this matter must be guided by constitutional jurisdictional boundaries and the necessity of respecting federal-state legislative autonomy.
The Benue State House of Assembly asserts that it acted well within its constitutional powers.
Hon. Dajoh appreciated the Senate Committee’s insights and expressed the House’s openness to further constructive dialogue on issues that strengthen democratic governance and institutional integrity.
The House trusts in the Senate Committee’s commitment to upholding democratic principles and ensuring that all arms of government operate within their constitutional rights.
Signed
VERONICA AZEMBA
FOR HEAD OF CENTRE, MAKURDI
