NBA Advises President Tinubu on Interpretation of ‘Illegal Orders’
The Nigerian Bar Association (NBA) has issued a cautionary message to President Bola Tinubu, emphasizing that the definition of “illegal orders” falls under the jurisdiction of the courts and not the executive branch.
In response to President Tinubu’s statement on Democracy Day, where he stated that “unnecessary illegal orders used to truncate or abridge democracy will no longer be tolerated,” the NBA clarified its stance through a letter from its president, Yakubu Maikyau, SAN.
The NBA expressed its anticipation for President Tinubu to demonstrate a strong commitment to the rule of law and respect for court orders in matters pertaining to the administration of justice.
Furthermore, the association urged the government to urgently allocate substantial resources to the justice sector, considering it a matter of great importance and even urgency.
The NBA emphasized that the determination of what constitutes “illegal orders” remains the sole prerogative of the courts of law, reiterating the importance of upholding the separation of powers and respecting the role of the judiciary in such matters.”The welfare of Judges and Justices seems to have been systematically neglected by consecutive administrations. Despite inflation and the prevailing economic circumstances, the salaries and allowances of judicial officers have not been reviewed since 2008.”
“The working conditions of Judges and Justices are deplorable and bring shame to a country that has exported legal expertise and services to other parts of the continent and the world. A comprehensive overhaul of the justice sector is imperative,” stated the letter.
Maikyau further expressed his support for the removal of fuel subsidy, considering it a step in the right direction. However, the NBA acknowledged the existing infrastructural deficits and the reliance on petroleum products for power in various sectors. Therefore, the association emphasized the need for the government to implement policies that would mitigate the impact of the subsidy removal, ensuring that its positive effects are felt and noticed within the socio-economic landscape of the country.
“Before the positive impact of this commendable decision becomes evident in our socio-economic sphere, it is crucial to swiftly implement policies that will alleviate its effects,” Maikyau highlighted.
