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 2021, vowing court action.
The committee described the proposed repeal as an assault on democracy, the rule of law and the independence of the legislature and judiciary.
In a statement signed by its Chairman, Itohan Ekama, and Secretary, Emmanuel Okorie, the committee said the 2021 law was enacted to give effect to the constitutional provisions guaranteeing financial autonomy for the state legislature and judiciary.
It argued that Section 121(3) of the 1999 Constitution provides that funds standing to the credit of the House of Assembly and judiciary shall be paid directly to the respective arms of government.
According to the committee, the Edo autonomy law domesticated the constitutional provision in the state, adding that repealing it would amount to legislating against the Constitution.
The NBA committee cited the Supreme Court judgment in A.G. Abia State v. A.G. Federation (2002) 6 NWLR Pt. 763 264, which, it said, affirmed that no state law could override the Constitution.
It warned that weakening the financial and administrative autonomy of the judiciary could compromise its independence, stressing that an independent judiciary remained essential to the protection of citizens’ rights and access to justice.
The committee also said placing the legislature under financial dependence on the executive could undermine its ability to effectively perform its oversight functions and weaken the constitutional principle of separation of powers.
It expressed concern that inadequate funding of the courts could lead to delays in the determination of cases, prolonged detention of suspects and denial of access to justice, thereby affecting the fundamental rights of Edo residents.
The NBA Human Rights Committee 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 the two arms of government and urged the state authorities 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 committee urged the Edo State House of Assembly to reject what it described as an anti-democratic move and called on civil society groups, labour unions and residents of the state to defend the independence of democratic institutions.
It further warned that the NBA Benin Branch would institute legal action to protect the Constitution and citizens’ rights if efforts to repeal the law were pursued.
