Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has called on the Nigerian Bar Association (NBA) to take decisive action against lawyers who are members of the Benue State House of Assembly for their role in the illegal and unconstitutional attempt to remove the state’s Chief Judge, Honourable Justice Maurice Ikpambwese.
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Falana’s call comes in response to the recent resolution passed by the Benue State House of Assembly, directing Governor Hyacinth Alia to remove the Chief Judge from office. This action, according to Falana, is in clear violation of the Supreme Court’s landmark decision in Elelu-Habeeb v AGF (2012), which affirmed that a Chief Judge cannot be removed without a prior investigation by the National Judicial Council (NJC), as mandated by Section 292 of the Constitution.
In a statement, Falana emphasized that the Supreme Court’s ruling in Elelu-Habeeb remains binding on all authorities and persons in Nigeria under Section 287 of the Constitution. He described the Benue State House of Assembly’s resolution as “illegal and contemptuous,” noting that it disregards the rule of law and undermines the independence of the judiciary.
While commending the NBA for condemning the resolution, Falana argued that mere condemnation is insufficient. He urged the NBA to take further action by referring the lawyers among the members of the Benue State House of Assembly to the Legal Practitioners Disciplinary Committee (LPDC) of the Body of Benchers for appropriate sanctions.
“The lawyers among the members of the Benue State House of Assembly ought to be dragged before the Legal Practitioners Disciplinary Committee of the Body of Benchers by the Nigerian Bar Association,” Falana stated. “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 stressed that lawyers, as officers of the court, have a duty to uphold the rule of law and protect the integrity of the judiciary. He warned that allowing such actions to go unpunished would set a dangerous precedent and erode public confidence in the legal profession.
In the Elelu-Habeeb case, the Supreme Court ruled that the removal of a Chief Judge without the involvement of the NJC is unconstitutional. The apex court set aside the removal of the Chief Judge of Kwara State, emphasizing that Section 292 of the Constitution provides a clear procedure for the removal of judicial officers, which must be strictly followed.
Falana noted that the Benue State House of Assembly’s resolution is a direct affront to this ruling and constitutes a gross abuse of power. He called on the NBA to take a firm stand against such actions to protect the rule of law and the independence of the judiciary.
Falana’s statement has reignited calls for accountability among public officials, particularly those who are members of the legal profession. He urged the NBA to demonstrate its commitment to upholding the rule of law by ensuring that lawyers who engage in unconstitutional actions face disciplinary measures.
“The legal profession must not tolerate any form of impunity or disregard for the rule of law,” Falana said. “Sanctioning erring lawyers will send a strong message that the legal profession is committed to defending democracy and the rule of law.”
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