The Human Rights Committee of the Nigerian Bar Association, Benin Branch, has opposed alleged moves to repeal or weaken the Edo State House of Assembly and Judiciary Autonomy Law.
According to Naija News, the committee warned that reversing the law could undermine democracy, the rule of law and the independence of the state legislature and judiciary.
The position was contained in a statement jointly signed by the committee’s Chairman, Itohan Ekama, and Secretary, Emmanuel Okorie.
The committee expressed concern that certain interests were allegedly seeking to reverse the financial and administrative autonomy granted to the two arms of government.
Committee Cites Constitutional Provision
The NBA committee argued that the autonomy law is rooted in 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 them.
It maintained that the Edo State autonomy law, enacted in 2021, domesticated the constitutional provision and that any legislation inconsistent with the Constitution would be invalid.
The committee cited the Supreme Court’s decision in Attorney-General of Abia State v. Attorney-General of the Federation (2002) 6 NWLR (Pt. 763) 264, stressing that a state law cannot override the Constitution.
Repeal Could Weaken Judicial Independence
The committee warned that making the judiciary financially dependent on the executive could compromise the courts’ ability to discharge their constitutional responsibilities independently.
It said inadequate funding could worsen delays in the determination of cases, contribute to prolonged detention and restrict citizens’ access to justice.
According to the committee, judicial autonomy is essential to protecting the right to fair hearing and ensuring that courts can make decisions without pressure or interference from another arm of government.
Legislature Must Remain Independent
The NBA Benin Human Rights Committee also warned that weakening the financial independence of the Edo State House of Assembly could reduce its capacity to serve as an effective check on executive power.
It argued that lawmakers who depend on the executive for funding may be unable to exercise their oversight and legislative responsibilities freely.
Such dependence, the committee maintained, would weaken the constitutional principle of separation of powers and undermine democratic accountability.
NBA Threatens Legal Action
The committee 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.
It also called for the full implementation of financial and administrative autonomy for both institutions.
The group urged the Edo State Government and House of Assembly to consult critical stakeholders, including the NBA, the Judiciary Staff Union of Nigeria, the Parliamentary Staff Association of Nigeria and civil society organisations before considering any amendment.
It further called on labour unions, civil society groups and residents of Edo State to defend the independence of the institutions.
The committee warned that the NBA Benin Branch would not hesitate to institute legal proceedings to protect the Constitution and the rights of citizens should efforts to weaken the autonomy law continue.
“An injury to one arm of government is an injury to democracy,” the committee stated.
The alleged repeal effort had not been formally detailed in the reports reviewed, and the Edo State Government and House of Assembly had not been quoted as responding to the committee’s concerns. The committee’s position was also independently reported by New Telegraph.
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