By Simeon OSAJIE
The Edo State branch of the Nigerians Bar Association (NBA) on Wednesday rejected the proposed repeal or amendment of the Edo State House of Assembly and Judiciary Autonomy Law of 2023.
In a press statement signed by Idemudia Iredia Osifo Esq and Chris Otasowie Esq., Chairman and Secretary respectively, the association stated that as a Bar committed to the promotion of the rule of law and the defender of the oppressed and downtrodden, its condemned that the association described as “unconstitutional attempt to repeal or amend this law” noting that 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).
The Association stated that, according to Section 121(3) of the 1999 Constitution of the 1999 constitution guarantee the financial independence of the Judiciary and the Legislature by mandating that funds standing to the credit of these two Arms of Government shall be paid directly to them. The 2023 Autonomy Law domesticated this provision in Edo State.
“To repeal or amend the aforesaid law is to legislate against the Constitution of the Federal Republic of Nigeria. The Supreme Court in A.G. Abia State v. A.G. Federation (2002) 6 NWLR Pt. 763 264 made it clear that no state law can override the Constitution.
“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 undermine the Rule of Law.
“The House of Assembly is the voice of the people. Financial dependence on the Executive Arm of Government turns lawmakers into appendages and destroys the doctrine of Separation of Powers under Section 4, 5, and 6 of the Constitution.
“When Courts lack resources to function, cases are delayed, detainees remain in custody, and citizens are denied access to justice. This directly violates the fundamental rights of Edo people,” the Association stated.
Going further, Edo NBA demanded for 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, and 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 NBA also called on the Leadership of the Edo state House of Assembly led by the new speaker Rt. Hon Yekini Idiaye to shun all forms of pressure, inducement calculated to erode the rule of law and orchestrate a rape of our Constitution and Democracy. It is disheartening that this illegal, infamous and clandestine process is hallmark of his maiden sitting as speaker of Edo State House of Assembly.
The Bar particularly call 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 acidulously to ensure that this unconstitutional move is not sustained.
The Bar further calls on the Attorney General to 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 resolve 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.
“We also call on Civil Society, Labor Unions, and the good people of Edo State to rise and defend our institutions and the rule of law.”
In conclusion, the NBA Benin Branch have resolve to explore all legal remedies to protect the rule of law and defend the constitution of the Federal Republic of Nigeria 1999 as amended if this infamous process is pursued further