NBA Raises Alarm Over Move to Strip Edo Legislature, Judiciary of Autonomy
By Marian Alekhue
The Nigerian Bar Association (NBA), Benin Branch, has condemned an alleged move by the Edo State House of Assembly to repeal, weaken or amend the Edo State House of Assembly and Judiciary Autonomy Law, describing the move as an assault on democracy, the rule of law and the independence of the judiciary and legislature.
The NBA Benin Branch, in a statement signed by its Chairman, Idemudia Iredia Osifo, and Secretary, Chris Otasowie, said it was opposed to any attempt to undermine the financial and administrative autonomy of the two arms of government.
The lawyers argued that Section 121(3) of the 1999 Constitution, as amended, guarantees the financial independence of the legislature and judiciary by providing for funds standing to their credit to be paid directly to them.
According to the branch, the Edo State autonomy law domesticated this constitutional provision, stressing that any attempt to repeal or weaken it would amount to legislating against the Constitution.
Citing the Supreme Court decision in A.G. Abia State v. A.G. Federation (2002) 6 NWLR (Pt. 763) 264, the NBA maintained that no state law could override the provisions of the Constitution.
The branch warned that allowing the executive to control the purse and personnel of the judiciary could compromise judicial impartiality and independence.
It also said financial dependence of the House of Assembly on the executive would weaken legislative oversight and undermine the constitutional principle of separation of powers.
“An independent Judiciary is the last hope of the common man,” the NBA said, warning that inadequate funding of the courts could lead to delays in the determination of cases, prolonged detention of citizens and denial of access to justice.
The NBA Benin Branch demanded the immediate withdrawal of any bill seeking to repeal or amend the autonomy law in a manner detrimental to the judiciary and legislature.
It also called for the full implementation of financial and administrative autonomy for both arms of government and urged the state government to consult critical stakeholders, including the NBA, Judiciary Staff Union of Nigeria (JUSUN), Parliamentary Staff Association of Nigeria (PASAN) and civil society organisations before contemplating any amendment.
The branch specifically appealed to the new Speaker of the Edo State House of Assembly, Rt. Hon. Yekini Idiaye, to resist any pressure or inducement aimed at weakening the autonomy of the legislature and judiciary.
The lawyers expressed concern that the alleged process had emerged during the Speaker’s maiden sitting, describing it as “illegal, infamous and clandestine.”
The NBA also called on Edo State Attorney-General and Commissioner for Justice, Prof. Roland Otaru, as the state’s chief law officer, to work to prevent what it described as an unconstitutional move.
The branch further urged lawyers serving as members of the House of Assembly to oppose any action capable of undermining the Constitution and the rule of law.
It warned that lawyers in the House who participated in what it described as an attempt to undermine constitutional provisions could be declared “enemies of the Bar.”
The NBA Benin Branch also called on civil society organisations, labour unions and residents of Edo State to defend democratic institutions and the rule of law.
It said it was prepared to explore all available legal remedies to protect the Constitution and preserve the autonomy of the judiciary and legislature if the alleged process continued.
“An injury to one arm of government is an injury to democracy,” the branch declared.
The statement was signed by Osifo and Otasowie on behalf of the NBA Benin Branch.
