NBA faults alleged plan to tamper with Edo judiciary, legislature’s autonomy

The Benin Branch of the Nigerian Bar Association (NBA) has strongly criticized alleged plans by the Edo State House of Assembly to repeal laws that guarantee the autonomy of the state's legislature and judiciary. The Bar Association asserts that these autonomies are fundamental rights enshrined in Nigeria's constitution and are beyond the reach of any governmental body or institution.

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As a Bar committed to the promotion of the rule of law and the defender of the oppressed and downtrodden, we condemn this unconstitutional attempt to repeal or amend this law.

In a statement issued by Chairman Idemudia Osifo and Secretary Chris Otasowie, the NBA urged the Attorney General and Commissioner for Justice, Roland Otaru SAN, to reverse any such plan if it is indeed underway. The association described the alleged move as an "unconstitutional attempt to repeal or amend this law," labeling it an "assault on democracy, the rule of law, and the independence of the other arms of government as guaranteed by the 1999 Constitution of the Federal Republic of Nigeria (as amended)."

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It is an assault on democracy, the rule of law, and the independence of the other arms of government as guaranteed by the 1999 Constitution of the Federal Republic of Nigeria (as amended).

The NBA emphasized the critical role of an independent judiciary, stating, "An independent Judiciary is the last hope of the common man." They warned that if the executive arm controls the finances and personnel of the courts, judicial impartiality and independence would be compromised, thereby undermining the rule of law. Similarly, the statement highlighted that weakening the financial independence of the legislature would diminish its capacity to serve as the voice of the people.

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An independent Judiciary is the last hope of the common man. Where the Executive Arm of Government controls the purse and personnel of the Courts, judicial impartiality and independence is compromised. This also undermines the Rule of Law.

The NBA Benin Branch issued a clear set of demands: the immediate withdrawal of any bill aimed at repealing or amending the Autonomy Law to the detriment of the judiciary and legislature; the full implementation of financial and administrative autonomy as already stipulated by law; and public consultation with critical stakeholders, including the NBA, JUSUN, PASAN, and Civil Society organizations, before any amendments are contemplated. The association stressed that any proposed amendments should aim to enhance the independence of both branches of government as provided by the constitution. The Bar also called on the leadership of the Edo State House of Assembly and the Attorney General to uphold the rule of law and defend the constitution, even suggesting the Attorney General should resign if unable to do so.

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The NBA Benin Branch, therefore demands: immediate withdrawal of any bill seeking to repeal or amend the Autonomy Law to the detriment of the Judiciary and Legislature, full implementation of financial and administrative autonomy as already provided by law, public consultation with critical stakeholders including NBA, JUSUN, PASAN, and Civil Society before any amendment is contemplated which must be intended to enhance the independence of both Arms of Government as provided by the constitution.