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.
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The National Assembly consists of:
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.
The House of Representatives: The House of Representatives consists of three hundred and sixty (360) members representing constituencies of the nearly equal population within a State.
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The State House of Assembly:
Benue State House of Assembly is the unicameral legislature for the State. It comprises 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 than twenty-four (24) and not more than forty (40) members.
BENUE STATE LEGISLATURE COMPOSITION:
The Speaker
The Speaker moderates debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the power to discipline members who break the procedures of the chamber or house.
Deputy Speaker
The Deputy Speaker decides whether a bill is a money bill or a non-money bill. They maintain discipline and decorum in the house and can punish a member for unruly behaviour by suspending him/her.
Majority Leader
The Majority Leader is chosen by the Majority Caucus and serves as the main Floor manager for the President pro Tempore and Majority Party. He or she also is the chief assistant in political matters and strategy.
Although many of the basic leadership responsibilities of the minority and majority leaders are similar, the minority leader speaks for the minority party and its policies and works to protect the minority’s rights.
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Minority Leader
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The Minority leader speaks for the minority party and its policies and works to protect the minority’s rights.
Majority Leader Whip
The Majority Whip assists the floor leader, ensures member attendance, counts votes, and generally communicates the majority position.
Minority Leader Whip
The Minority Leader Whip’s major responsibilities are to:
- Assist the minority leader on the floor,
- Count votes, and
- Ensure attendance of minority party members.
The Clerk of the House
In the House itself, the Clerk may be looked upon as its “Chief Servant”. One of his/her great qualities is a love for the traditions of the House, and because of his/her experiences, he/she is an advisor to the Speaker in these respects.
The duties of the Clerk are:
- To attend all Sittings of the House, read the Order (Agenda) of the Day and whatever else is required to be read from the Table.
- To sign all Orders of the House, including any order of Suspension, and Addresses, and Votes of thanks.
- To keep the Minutes.
- To circulate these to Members before the following meeting (Sitting).
- To keep in safe custody all Votes, Records, Bills, and other documents laid before the House.
- To prepare the agenda for a Sitting of the House.
- To give due notice to Members of the Sittings of the House.
- To ensure the dispatch of all documents for each meeting at least seven (7) days in advance.
- Clerk has general supervision of all clerical duties pertaining to the business of the House. The Chief Clerk must perform, under the direction of the Speaker, all the duties of the office of Chief Clerk. The Chief Clerk must keep records showing the status and progress of all bills, memorials and resolutions. During a temporary absence of the Chief Clerk, the First Assistant
Chief Clerk has all the usual responsibilities of the Chief Clerk and may sign the daily journal, enrollments, abstracts and other legislative documents.
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Responsibilities in the Constituency
Members often act as a mediator to resolve a clash of interests within their constituencies or between their constituents and other groups. They may have to advocate on behalf of the community or explain the provisions and effects of proposed legislation.
Clerks of the arms, and
Members of the State House of Assembly
Their vision is to be “the leading light and pathfinder for Nigerian legislatures”, and their mission is to make laws that will ensure good governance, representing the will of the people of the state and in the process ensuring judicious use of the resources of the state in order for people of the state to receive maximum benefit.
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 the discharge of duties and responsibilities, the Governor is assisted by a Deputy Governor.
The Governor is empowered to appoint Commissioners and Advisors and to assign responsibilities to them.
BENUE STATE EXECUTIVE COUNCIL CONSTITUTED OF:
- The Governor
- Deputy Governor
- The Secretary to the State government
- The Head of Service, and
- 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 the 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
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The Court of Appeal:
The Court of Appeal has exclusive original jurisdiction to determine any question in respect of the election, the term of office, or vacancy in the office of the President or Vice-President.
The Court has exclusive appellate jurisdiction to hear and determine 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 prescribed 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.
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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 offenses 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.
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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 the High Court of the Federal Territory are duly constituted by a single Judge of the court seating.
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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.
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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:
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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 the High Court of the Federal Territory are duly constituted by a single Judge of the court seating.
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The Customary Court of Appeal:
Benue State Customary Court of Appeal appellate and supervisory jurisdiction in civil proceedings involving questions of customary taw in their respective jurisdictions.
BENUE STATE JUDICIARY IS MADE UP OF:
The State Chief Judge
High Court Judges
The Registrar of the High Court
Deputy Registrar
The Directors
The Judges of the Customary Courts, and
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.