The Nigerian Bar Association (NBA), Akure, has blamed the judiciary’s financial dependence on the executive arm of government for most of the controversial court rulings in the country.
It also sought limited jdicial interventions in elections, suggesting that election disputes should be resolved before candidates declared by the Independent National Electoral Commission (INEC) as winners are sworn into office. The group also called for clearer election laws to close legal loopholes exploited by politicians, with disputes resolved before candidates are sworn into office.
In a communiqué issued yesterday at the end of its November 9-14 Law Week held in honour of Senator Bode Olajumoke, the NBA said the judiciary must be “severed from the apron strings of the executive” for judges not to compromise their decisions. The lawyers advocated for the judiciary to be allowed to control its finances, amenities, and infrastructure with- out interference from the executive.
They said: “Regarding judiciary autonomy, the NBA Akure Branch reiterates that the judiciary is severely compromised by its financial dependence on the executive, which undermines its ability to function impartially and effectively.
“The judiciary lacks fiscal autonomy, with the Executive withholding up to 60–70 per cent of its budget, causing serious operational shortfalls and compelling the head of the judiciary to constantly seek funds from the executive.
“This weakens independence and exposes judges to political pressure. “The NBA Akure Branch calls for the full implementation of Section 121(3)(c) of the 1999 Constitution (as amended). “The Judiciary must be allowed to control its finances, amenities, and infrastructure without interference from the executive.
“The NBA Akure Branch has resolved to set up an ad hoc committee to interface with both the judiciary and the executive to ensure full implementation of judiciary autonomy in line with the Constitution. “The Branch also calls for the full enforcement of the Correctional Service Act 2019, with all stakeholders making conscious efforts to rehabilitate and reintegrate ex-inmates into society.
“The NBA Akure Branch advocates for limited judicial intervention in elections, emphasising executive and legislative responsibility for electoral integrity without compromising justice. “The judiciary should not be overburdened with election matters at the expense of other regular cases, to reduce court congestion. “It is suggested that election disputes be resolved before candidates are sworn into office.”
