NBA Raises Alarm Over Move To Strip Edo Assembly, Judiciary Of Autonomy

The Human Rights Committee of the Nigerian Bar Association (NBA), Benin Branch, has rejected reported plans to repeal the Edo State House of Assembly and Judiciary Autonomy Law, warning that such a move could weaken democracy, the rule of law and the independence of key state institutions.

According to Ireporter Online, the committee raised its concerns in a statement signed by its Chairman, Itohan Ekama, and Secretary, Emmanuel Okorie, describing the proposed repeal as a threat to the financial and institutional independence of the legislature and judiciary.

The lawyers argued that the autonomy law is based on Section 121(3) of the 1999 Constitution, which provides for funds standing to the credit of state Houses of Assembly and judiciaries to be paid directly to the institutions.

They maintained that the 2021 Edo State Autonomy Law was enacted to domesticate the constitutional provision and warned that any state legislation inconsistent with the Constitution would be legally questionable.

The committee also cited the Supreme Court judgment in A.G. Abia State v. A.G. Federation, stressing that state laws cannot override provisions of the Nigerian Constitution.

It urged the Edo State House of Assembly to reject any attempt to reverse the autonomy arrangement and called on civil society organisations, labour unions and residents to defend the independence of the state’s legislature and judiciary.

On the judiciary, the NBA committee warned that placing the courts under financial dependence on the executive could undermine judicial independence and negatively affect citizens’ access to justice and right to a fair hearing.

The group similarly cautioned that weakening the financial autonomy of the House of Assembly could reduce its ability to effectively perform its constitutional oversight role and check executive excesses.

It further linked the issue to human rights, noting that inadequate funding of the judiciary could contribute to delays in the determination of cases, prolonged detention and difficulties in accessing justice.

The committee therefore called for the immediate withdrawal of any bill seeking to repeal or amend the autonomy law in a manner that would undermine the independence of the judiciary or legislature.

It also urged the state government to consult relevant stakeholders, including the NBA, Judiciary Staff Union of Nigeria (JUSUN), Parliamentary Staff Association of Nigeria (PASAN) and civil society groups, before making any changes to the existing law.

The NBA Human Rights Committee warned that it was prepared to pursue legal action to defend the Constitution and citizens’ rights should efforts to repeal the autonomy law continue.

The committee concluded by stressing the importance of protecting all arms of government, declaring that an injury to one arm of government amounts to an injury to democracy.