Organs of Benue State Government

Legislature:  law making function
Executive:     law implementation/enforcement function
Judiciary:     law interpretation/adjudication function

Legislature:

This power of law making is vested upon the National Assembly (bicameral) at the Federal level and the House of Assembly (unicameral) for each of the States of the Federation at the State level.

The National Assembly consists of:

  1. The Senate: The Senate has a total of one hundred and nine (109) Senators. It consists of three (3) Senators from each State and one (1) from the Federal Capital Territory, Abuja.
  2. The House of Representatives:The House of Representatives consists of three hundred and sixty (360) members representing constituencies of nearly equal population within a State.

The State House of Assembly:

Benue State House of Assembly is the unicameral legislature for the State. It comprise representatives from all the Twenty Three (23) local government areas of Benue State, it exercises identical functions at the State level with those of the National Assembly at the Federal level.

The House of Assembly  in Benue makes laws for the good governance of the State, and acts as a check and balance on the powers and actions of the State’s Chief Executive.

Benue State House of Assembly consists of not less that twenty-four (24) and not more than fourty (40) members.

This is Benue State legislature composition:

  1. The Speaker
  2. Deputy Speaker
  3. Majority Leader
  4. Minority Leader
  5. Majority Leader Whip
  6. Minority Leader Whip
  7. The Clerk of the House
  8. Clerks of the arms, and
  9. Members of the State House of Assembly

Executive Arm of Benue State:

Benue State is among the thirty-six States that make up the Nigerian Federation is administered by a Chief Executive.

The Chief Executive is the Governor of the State and is elected to a four-year term of office in the first instance, and in discharge of duties and responsibilities, the Governor is assisted by a Deputy Governor.

The Governor is empowered to appoint Commissioners and Advisers and to assign responsibilities to them.

Benue State Executive Council Constitute of:

  1. The Governor
  2. Deputy Governor
  3. The Secretary to the State government
  4. The Head of Service, and
  5. Commissioners

Judiciary:

The Legislature is responsible for making laws, the Executive is charged with the implementation of such law, the Judiciary is responsible for the interpretation of the law in accordance with the provisions of the Constitution.

In line with the doctrine of separation of powers, which is a cardinal feature of a democratic system, the Nigerian Constitution guarantees the independence of the Judiciary.

The Constitution provides for Federal and State Courts, as well as Election Tribunals.

At the apex of the Judiciary is the:

Supreme Court:

The Supreme Court is highest court in Nigeria, has both original and appellate jurisdictions. The Court has exclusive original jurisdiction in any justiciable dispute between the Federation and a State or between States. The Court also has exclusive jurisdiction to hear and determine appeals from the Court of Appeal.The Supreme Court is duly constituted if not less than five Justices of the Court hear the matter. However, where the court is considering an appeal on a constitutional matter or exercising its original jurisdiction, seven Justices shall constitute the Court.

The other Federal Courts are:

The Court of Appeal: 

The Court of Appeal has exclusive original jurisdiction to determine any question in respect of the election, term of office or vacancy in the office of the President or Vice-President.

The Court has exclusive appellate jurisdiction to hear and deter- mine appeals from all Federal Courts and State Courts established by the Constitution, decisions of all Election Tribunals, Code of Conduct Tribunal, court marshals or other tribunals as may be pre- scribed by the National Assembly.

The Court of Appeal is duly constituted by at least three Justices of the Court. However, when if is considering appeals from a Sharia Court of Appeal or a Customary Court of Appeal, the Court must consist of at least three Justices of the Court learned in Islamic Personal Law or three Justices of the Court learned in Customary law respectively.

The Federal High Court: 

The Federal High Court has exclusive original jurisdiction in respect of matters involving the revenue of the Federal Government and or its agencies, taxation of companies, admiralty, customs, companies affairs, banking regulation, intellectual property, citizenship and immigration, bankruptcy and insolvency, aviation, drug and poisons, weights and measures, mines and minerals, including oil and gas and any action involving the Federal Government or any of its agencies.

The Court also has criminal jurisdiction in respect of treason, treasonable felony and allied offences and also in respect of criminal causes and matters in which it has civil jurisdiction. A Judge of the Court seating constitutes the courts. Divisions of the court are situated in various parts of the country.

The High Court of the Federal Capital Territory, Abuja:

The High Court of the Federal Capital Territory, Abuja, has similar jurisdiction in the Federal Capital Territory, Abuja, as the State High Court has in any State in Nigeria.

High Court in all states and High Court of the Federal Territory are duly constitute by a single Judge of the court seating.

The Sharia Court of Appeal of the Federal Capita! Territory, Abuja:

The Sharia Court of Appeal of the Federal Capita! Territory, Abuja, and the Sharia Court of Appeal of a State have appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic personal law in their respective jurisdictions. These Courts are duly constituted with three Khadis of the Courts sitting.

The Customary Court of Appeal of the Federal Capital Territory:

The Customary Court of Appeal of the Federal Capital Territory, Abuja, and the Customary Court of Appeal of a State have appellate and supervisory jurisdiction in civil proceedings involving questions of customary taw in their respective jurisdictions.

Benue State Courts are:

The High Court:

The State High Courts have unlimited jurisdiction in their respective states to hear and determine civil and criminal matters subject to the exclusive jurisdiction conferred on the Federal High Court in respect of specified matters. They are also empowered to exercise appellate or supervisory jurisdiction over lower courts in their respective States.

High Court in all states and High Court of the Federal Territory are duly constitute by a single Judge of the court seating.

The Customary Court of Appeal:

Benue State Customary Court of Appeal appellate and supervisory jurisdiction in civil proceedings involv- ing questions of customary taw in their respective jurisdictions.

Benue State Judiciary is made up of:

  1. The State Chief Judge
  2. High Court Judges
  3. The Registrar of the High Court
  4. Deputy Registrar
  5. The Directors
  6. The Judges of the Customary Courts, and
  7. The Judges of the Customary Courts Registrars

Note: Courts established by the Constitution, there exist Magistrate, Area and Customary Courts that are established by the National Assembly in respect of the Federal Capital Territory, Abuja and the State House of Assembly in respect of a State. These courts have limited civil and criminal jurisdiction conferred on them by their respective enabling law.