NBA: Only the court can determine what constitutes “illegal Orders.”

NBA REACTS TO DEMOCRACY DAY ADDRESS OF PRESIDENT TINUBU, SAYS ONLY COURT CAN DETERMINE WHAT CONSTITUTES “ILLEGAL ORDERS”, TASKS NEW GOVERNMENT ON ECONOMY, SECURITY AND ADMINISTRATION OF JUSTICE

The Nigerian Bar Association (NBA) has reacted to the statement made by President Tinubu in his Democracy Day Message “that the unnecessary, illegal orders used to truncate or abridge democracy will no longer be tolerated.”

In a letter dated June 12, 2023, and addressed to President Tinubu, the NBA President, Mr Yakubu Chonoko Maikyau, OON, SAN, noted that “while the NBA will at all times vehemently oppose any attempt by any person or group of persons to truncate or in any way abridge our democracy, it is important to note that the determination of what constitutes “illegal orders” still remains a matter within the exclusive preserve of the courts of law.”

In the letter, Mr Maikyau congratulated Asiwaju Bola Ahmed Tinubu on his swearing-in as the sixth democratically elected President of the Federal Republic of Nigeria. He tasked the new government with the immediate issues of national security, economy and administration of justice.

On insecurity, the NBA President stated that “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, to reassure Nigerians of the sincere commitment of government in the area of security.”

NBA: Only the court can determine what constitutes “illegal Orders.”

He continued: “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 tasked with implementing security plans and policies.”

While admitting that the preponderance of views supports the removal of subsidies by the new government, Mr Maikyau noted the need to ameliorate the effect of the subsidy removal on everyday citizens.

According to him, “What remains, however, is the need to immediately deploy measures that will address the ensuing difficulties associated with the withdrawal of the subsidy. With the level of infrastructural deficits in many respects and the reliance on petroleum products as the primary source of power for most businesses, entrepreneurs and private users, there is an urgent need to put in place policies that will help cushion the effect of these otherwise laudable decision before its positive impact begins to be felt or noticed within our socio-economic space.”

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 must change significantly.

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 Nigeria will respond effectively to these challenges under your leadership.”

The NBA President stated that the NBA would hold the new government accountable for its commitments. He concluded the letter by wishing the new administration “will bring peace, development, prosperity and empowerment to the Nigerian people.”

Akorede Habeeb Lawal
National Publicity Secretary, Nigerian Bar Association

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