…Sets Up Ad Hoc Committee on Judiciary’s Economic Independence
Nigeria Bar Association (NBA), Akure Branch, has called for limited intervention in the election matters by the judiciary.
This was contained in a communique issued by the association at the end of its Law Week celebration with the theme: Nigeria: Quest For Utilitarian Judiciary And Role For Stakeholders,” and made available to journalists in Akure, Ondo State capital, on Sunday.
It noted that the election matters put the judiciary under pressure at the detriment of other regular matters, thereby calling for the enactment of specific laws that would address loopholes being explored by politicians.
The legal practitioners also suggested that all election matters should be settled before any of the candidates involved is sworn in.
The communique reads in parts: “The NBA Akure Branch calls for limited judicial intervention in elections with greater emphasis on Executive and Legislative responsibility for electoral integrity without compromising justice.
“The NBA Akure Branch on the Judiciary not to be overburdened with election matters at the detriment of other regular matters, to reduce congestion in Courts.
“It is suggested that election disputes should be resolved or determined before candidates are sworn into office.
“It is also suggested that the Legislature should enact clearer and less ambiguous laws to address practical challenges and reduce loopholes exploited by politicians.”
In the resolutions of the NBA Akure Branch, it has concluded plans to set up an ad hoc Committee in pursuit of the implementation of economic independence of the judiciary.
It frowned at the current situation in which about 70 percent of the funds needed by the judiciary are being controlled by the Executive.
“On Judiciary Autonomy, the NBA Akure Branch reiterates that the Judiciary is severely compromised by financial dependence on the Executive, undermining its ability to function impartially and effectively.
“The Judiciary lacks fiscal autonomy with the Executive withholding up to 60 70 per cent of their budgets, causing serious operational shortfalls and causing the Judiciary Head to constantly seek funds from the Executive.
“Thus, weakening independence and exposing Judges to political pressure. It is high time that the Judiciary must be severed from the apron-string of the Executive.
“The NBA Akure Branch calls for the full implementation of the provisions of Section 121 (3) (c) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“The judiciary must be allowed to control its finances, amenities, and infrastructures, devoid of interference by the Executive.
“The NBA Akure Branch has resolved to set up an Ad-Hoc Committee to interface with the Judiciary and the Executive to ensure the full implementation of full Judiciary autonomy in line with the Constitution,” the communique reads.
Moreover, the body also identified some of the challenges or constraints of access to justice in rural areas in Ondo State.
It ascribed this to “insecurity, geographical isolation, language barrier, ignorance of the law, inadequate transportation, understaffed courts, infrastructural constraints such as bad roads and rural electrification, high cost of filing, corruption, and so on.”
It, therefore, stated that “there is a need for sensitization of rural dwellers of their rights, including the right of free and prompt access to the court system.”
Therefore, NBA “advocates the need to revive and improve the Traditional Court systems in our rural areas.”
On the correctional service, the NBA Akure Branch called for full implementation of the Correctional Service Act, 2019, with a conscious effort by all Stakeholders to rehabilitate and reintegrate ex-inmates back into society.
It urged Ondo State government to establish a department in charge of correctional reforms and policies focusing more on funding, data, and proper monitoring of the rehabilitation and reintegration of ex-inmates.
NBA also called for establishment of more Half-Way Houses and well-funded by the Ondo State Government, to prepare ex-Inmates back into society.
It, therefore, called for constant training and re-training of the Correctional Officers, the Police, and other Security Agencies to keep pace with the dynamic operation of the Correctional Services Act, 2019.
Besides, the NBA Akure Branch called for the “establishment of specialized Commercial Courts like those in Lagos and Rivers States to handle business or commercial disputes and deliver effective justice faster, thereby enhancing the flow of money in the State’s economy and business confidence for local and foreign investors.”
It also urged the people to embrace Alternative Dispute Resolution (ADR) as part of contracts and other commercial documents. Not every dispute should end in litigation.
NBA concluded that “to achieve a utilitarian Judiciary that will deliver the greatest good to the greatest number, there must be active collaboration of all the stakeholders; that is, the Judiciary, the Legislature, the Executive, civil society, the citizenry, and most importantly, the Bar.”
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