NBA faults alleged plan to tamper with Edo judiciary, legislature’s autonomy
By Ozioruva Aliu
The Benin Branch of the Nigerian Bar Association (NBA) on Wednesday faulted alleged plans by the Edo State House of Assembly to repeal the law ensuring the autonomy of the state’s legislature and judiciary.
The Bar Association said the issues were already enshrined in the constitution of Nigeria and could not be tampered with by any group or government institution.
A statement by the Chairman and Secretary of the association, Idemudia Osifo and Chris Otasowie, called on the Attorney General and Commissioner for Justice, Roland Otaru SAN, as the law officer of the state, to ensure that such a plan, if true, should be reversed, describing it as unconstitutional.
The statement said, “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.
“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).”
“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 statement also said that undermining the financial independence of the legislature would weaken it as the voice of the people.
“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.”
The statement called on the leadership of the Edo state House of Assembly led by Rt Hon Yekini Idaiye to shun all forms of pressure which they said was calculated to erode the rule of law and orchestrate a rape of the constitution.
“The Bar particularly calls out the Attorney General of Edo State Prof. Roland Otaru who is the Chief law officer of the State and serving members of the House of Assembly who are lawyers in their own right to work assiduously to ensure that this unconstitutional move is not sustained.
“The Bar further calls on the Attorney General of Edo State to immediately resign from office if he is unable to protect the rule of law and defend the constitution.
“The Bar has resolved to declare any lawyer serving as members of the House who participate in this irresponsible, infamous and clandestine process to undermine the constitution and the rule of law as enemies of the Bar.”
The lawyers called on Civil Society, Labour Unions and the people of Edo State to rise and defend the country’s institutions.
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