The Benin Branch of the Nigerian Bar Association on Monday vowed to challenge the Edo State House of Assembly over the amendment of the state’s Financial Autonomy Laws 2023.
The association said the amendment had effectively brought the judiciary and legislature under the control and influence of the executive.
The Chairman of the Benin Branch of the NBA, Omorodion Omogui, stated this after his inauguration as the newly elected chairman of the branch.
Omogui said the Financial Autonomy Laws guaranteed the independence of both the legislature and the judiciary, arguing that the amendment should not be allowed to stand.
According to him, the amendment offends the clear provisions of Sections 4, 5, 6 and 121(3) of the 1999 Constitution, as amended.
“The branch will challenge the Edo State House of Assembly for amending the Financial Autonomy Laws 2023, as the move by the Edo lawmakers brought the judiciary and legislature under the control and influence of the executive,” Omogui said.
He added that the branch would pay close attention to the welfare of young, elderly and ailing lawyers.
Omogui announced the exemption of lawyers with five years’ post-call experience and below, as well as those aged 70 and above, from payment of dinner and Law Week fees.
“We shall pay very close attention to their needs and well-being. This shall be in addition to a comprehensive health package in conjunction with health bodies,” he said.
The NBA chairman also pledged to expand opportunities for lawyers beyond litigation and conventional legal practice.
“Beyond litigation and the routine modes of legal practice in Nigeria, we shall open up new vistas of legal practice in the areas of business, investments and corporate practice.
“The Lion Bar shall sponsor our members for specialised training and conferences in the different NBA sections on legal practice and business law,” he added.
Omogui said the association would also hold government institutions accountable and defend the rule of law without fear or favour.
“As a body, we shall ensure that the rule of law is not only promoted by the Bar but also enforced by relevant government bodies and agencies, including the executive and legislature.
“We shall hold government accountable and speak truth to power without fear or favour. We shall also not fail to commend the government when it is doing well in these areas,” he said.
He added that the branch would engage the judiciary through relevant committees where dialogue was required.
“Our relevant committees, including the Bar and Bench Committee, shall engage the judiciary in the event of any issue or development that requires dialogue and, where dialogue fails, the Bar shall roar and take the necessary decisive steps,” he stated.
The controversy over the financial and judiciary autonomy followed the recent amendment of the state House of Assembly Funds Management Law 2023 and the Edo State Judiciary Financial Autonomy Law 2023, which were signed into law by Governor Monday Okpebholo on August 24.
The amendments have generated opposition from judicial workers and NBA members over concerns that they could weaken the financial independence of the legislature and judiciary. The Speaker, Yekini Idaiye, had maintained that the amendments did not abolish financial autonomy, insisting that they were intended to address alleged abuses in the management of capital funds.
He explained that recurrent expenditure would continue to go directly to the Assembly and judiciary, while the amendment addressed the management of capital funds.
Okpebholo commended the lawmakers for the swift passage of the legislation, saying he was pleased that the issue had been resolved.