Its Not Within your Purview to Determine what is Illegal in Judiciary – NBA to Tinubu
The Nigerian Bar Association has replied President Bola Ahmed Tinubu that the determination of what constitutes “illegal orders” still belongs solely to the legal system’s judicial system and not to the executive branch of government.
The NBA clarified its position on Tuesday in a letter issued by its president, Yakubu Maikyau, SAN, in response to a statement made by the Tinubu during his address on Democracy Day, “that the unnecessary illegal orders used to truncate or abridge democracy will no longer be tolerated.”
In the letter, Maikyau emphasised that the NBA would “vigorously oppose any attempt by any person or group of persons to truncate or in any way abridge our democracy.” He insisted, however, that the president could not assign himself the responsibility for doing so.
The NBA president also gave the new administration instructions to concentrate on the pressing problems of national security, the economy, and the administration of justice.
The letter read in part, “What Nigerians require is a well-thought-out, informed, all-inclusive and purposeful intervention, with as much information made available to the public, to the extent permitted within the parlance, so as to reassure Nigerians of the sincere commitment of the government in the area of security.
“Government must be transparent; the people must, by deliberate and conscious investment in manpower development and equipment purchase/procurement, be taken out of the state of fear, which decades of bloodshed and flourishing criminal activities have plunged the country into; the psyche of Nigerians must be recovered from the place of despair and despondency! The right people must be given the task of implementing security plans and policies.”
On the issue of the administration of justice, the NBA President noted that “every aspect of our judicial infrastructure requires fundamental rethinking.”
“Our approaches to policing, adjudication, bail, sentencing, and imprisonment need changes in significant ways. Achieving the desired justice system will be a process, not an event.”
“Nevertheless, change must be accelerated to keep up with the expectations of Nigerians, particularly those of the poorest and most vulnerable communities. Such change must be thoughtfully planned and carefully managed. We are confident that under your able leadership, Nigeria will be able to respond effectively to these various challenges.”
