Financial Dependence Undermines Judges’ Independence – NBA Akure Branch

The Nigerian Bar Association (NBA) has declared that financial autonomy for the judiciary is non-negotiable.

In a communique issued after the NBA Akure Branch’s seven-day Law Week held in the state capital, the association stated that the judiciary is severely compromised by its financial dependence on the executive, undermining its ability to function impartially and effectively.

The NBA noted that the judiciary lacks fiscal autonomy, with the executive withholding up to 60–70% of its budget. This has caused significant operational shortfalls, forcing judicial heads to seek funds from the executive, thereby weakening independence and exposing judges to political pressure.

“It is high time that the judiciary is severed from the apron-strings of the executive,” the NBA said. It called for the full implementation of Section 121(3)(c) of the 1999 Constitution (as amended), emphasizing that the judiciary must control its finances, amenities, and infrastructure without interference.

The NBA Akure Branch also announced plans to set up an ad-hoc committee to liaise with the judiciary and executive to ensure full implementation of financial autonomy in line with the Constitution.

On the rehabilitation and reintegration of ex-inmates, the NBA urged full implementation of the Correctional Service Act, 2019, with active participation from all stakeholders.

The association recommended that the Ondo State Government establish a dedicated department for correctional reforms, focusing on funding, data management, and proper monitoring of rehabilitation programs.

The NBA further advocated for the establishment and proper funding of more halfway houses to facilitate the reintegration of ex-inmates. It also suggested public-private partnerships to support these efforts.

The communique emphasized collaboration among stakeholders to develop data systems for tracking correctional outcomes and improving accountability in line with international best practices.

The NBA highlighted the importance of continuous training and retraining of correctional officers, police, and other security agencies to align with the dynamic requirements of the Correctional Services Act.

Other resolutions included limiting judicial intervention in elections, placing greater responsibility on the executive and legislature for electoral integrity, and ensuring election disputes are resolved before candidates are sworn in to reduce court congestion. The NBA also called for clearer and less ambiguous laws to minimize loopholes exploited by politicians.

The association advocated for the establishment of specialized commercial courts, similar to those in Lagos and Rivers states, to handle business disputes efficiently, enhance economic flow, and build investor confidence. It also recommended incorporating Alternative Dispute Resolution (ADR) mechanisms in commercial contracts to reduce litigation.

On access to justice in rural areas, the NBA identified challenges such as insecurity, geographical isolation, language barriers, lack of awareness of legal rights, poor transportation, understaffed courts, inadequate infrastructure, high filing costs, and corruption. It urged the sensitization of rural communities about their legal rights and called for the revival and improvement of traditional court systems.

The NBA stressed that achieving a functional judiciary that serves the greatest number requires active collaboration among all stakeholders, including the judiciary, legislature, executive, civil society, citizens, and the Bar.

During the Law Week, Senator Bode Olajumoke was honoured as the NBA Akure Branch Grand Patron for his contributions to the legal profession, public service, and philanthropy. Additionally, Mr. Amuka Pemu, publisher of Vanguard Media Limited, received the Friend of the Bar award. Senator Olajumoke also built and donated a relaxation centre for the association.