National Assembly Abuja
Recent developments in Nigeria—particularly in Benue State—have brought to the fore an alarming pattern of constitutional violations by organs and institutions that ought to uphold the rule of law. Among the most egregious is the recent illegal summoning of the Speaker of the Benue State House of Assembly by the National Assembly, an action that violates both the letter and the spirit of the 1999 Constitution of the Federal Republic of Nigeria (as amended). Even more disturbing is the trend of deliberate disobedience to clear constitutional provisions by agencies such as the National Judicial Council (NJC) and certain judicial officers, undermining the very architecture of Nigerian federalism.
The Summoning of a State Speaker: A Constitutional Aberration:
The National Assembly’s oversight powers are expressly defined under Sections 88 and 89 of the Nigerian Constitution. These powers are limited to matters over which the National Assembly has legislative competence—that is, issues within the exclusive or concurrent legislative lists as they relate to the federal government or its agencies.
The Speaker of a State House of Assembly, being an officer of a sub-national legislature, does not fall under the jurisdiction of the National Assembly’s oversight, except in the rarest of cases involving misuse of federal allocations or participation in intergovernmental misconduct.
To summon the Speaker of the Benue State House of Assembly—on matters purely within the legislative competence of the state—is a clear violation of the principle of federalism, and an abuse of legislative privilege by the National Assembly. It sets a dangerous precedent of federal overreach, undermining the autonomy of state institutions and disregarding the Constitution that binds this federation.
NJC’s Overreach and the Judiciary’s Constitutional Misadventures:
Even more confounding is the recent rejection by the National Judicial Council (NJC) of the constitutional and lawful removal of the Chief Judge of Benue State by the Benue State House of Assembly. One wonders: Since when did the NJC assume the power to override the constitutional functions of a State Legislature?
Let it be made clear: Section 292(1)(a)(ii) of the 1999 Constitution grants the State House of Assembly the authority to remove a Chief Judge for misconduct, without recourse to the National Judicial Council (NJC). This provision is unambiguous and has been upheld in previous constitutional interpretations.
The Chief Judge, once lawfully removed by the State House of Assembly and with the concurrence of the Governor, ceases to exercise judicial powers. Yet, in an act of unprecedented judicial insubordination, the removed Chief Judge of Benue State is alleged to have unilaterally directed the relocation of Local Government Tribunal sittings to Abuja. This is not only a travesty but an act of jurisdictional rebellion—a self-appropriation of powers no longer constitutionally held.
A Call to Constitutional Fidelity:
What we are witnessing is not merely institutional confusion—it is a creeping culture of lawlessness among institutions that ought to be the custodians of law. The National Assembly, the NJC, and even sections of the judiciary must be reminded that constitutionalism is not optional. Their actions, if left unchecked, risk eroding public trust in democracy, and worse, fracturing the federation.
We cannot build a just society on selective obedience to the Constitution. Institutions that bend the law to suit political loyalties or personal pride are betraying their mandates and leading the nation down a path of constitutional anarchy.
Conclusion:
The drafters of Nigeria’s Constitution envisaged a nation governed by law, not by institutional arrogance or political convenience. The illegal summoning of a State Speaker, the NJC’s meddling in matters outside its jurisdiction, and the removed Chief Judge’s unauthorized directive are all symptomatic of a disturbing *institutional drift from constitutional discipline.
It is time for all patriotic Nigerians—legal minds, legislators, educators, and civil society—to rebuke these acts of constitutional recklessness. Fidelity to the Constitution must be our creed, or we risk losing the moral and legal compass of this federation.
© Shilgba
Leonard Karshima Shilgba, PhD (Yokohama)
Professor of Mathematics, Admiralty University of Nigeria (ADUN)
Dean Faculty of Science (ADUN)
Former Pioneering Acting Vice Chancellor/President (ADUN)
Former Pioneering Vice President for Academic Affairs (ADUN)
Former Director of Academic Planning and Quality Assurance (ADUN)
. Chairman 9th Governing Board of National Business and Technical Examinations Board (NABTEB)
TEL: +234 (0) 9074346000
Websites: www.adu.edu.ng; www.leonardshilgba.com
