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The Human Rights Committee of the Nigerian Bar Association (NBA), Benin Branch, has opposed moves to repeal or weaken the Edo State House of Assembly and Judiciary Autonomy Law, warning that such a move would undermine democracy, the rule of law and the independence of the state’s legislature and judiciary.
In a statement signed by the committee’s Chairman, Itohan Ekama, and Secretary, Emmanuel Okorie, the group said it was “gravely concerned” about alleged moves by certain interests to reverse the autonomy law.
The committee argued that the law is rooted in the 1999 Constitution, particularly Section 121(3), which provides for funds standing to the credit of the state House of Assembly and judiciary to be paid directly to them.
It maintained that the 2021 Edo State Autonomy Law domesticated this constitutional provision and warned that its repeal would amount to legislation inconsistent with the Constitution.
Citing the Supreme Court’s decision in A.G. Abia State v. A.G. Federation (2002) 6 NWLR Pt. 763 264, the NBA committee stressed that no state law could override the provisions of the Constitution.
On the judiciary, the committee warned that financial dependence on the executive could compromise the courts’ ability to operate independently, with serious implications for citizens’ right to fair hearing and access to justice.
It also argued that weakening the financial independence of the House of Assembly could undermine its constitutional role as a check on executive power, potentially reducing lawmakers to dependants of the executive and weakening the principle of separation of powers.
The committee further linked the issue to human rights, warning that inadequate funding of the courts could contribute to delays in the determination of cases, prolonged detention and reduced access to justice for citizens.
It consequently demanded the immediate withdrawal of any bill seeking to repeal or amend the autonomy law in a manner that would weaken the judiciary or legislature.
The NBA Human Rights Committee also called for the full implementation of financial and administrative autonomy for the two institutions and urged the 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 considering any amendment.
It urged the Edo State House of Assembly to reject what it described as an “anti-democratic move” and called on civil society organisations, labour unions and Edo residents to defend the independence of the state’s institutions.
The committee warned that the NBA Benin Branch would not hesitate to institute legal action to protect the Constitution and citizens’ rights if efforts to repeal the autonomy law were pursued.
“An injury to one arm of government is an injury to democracy,” the committee stated.
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