Eben Enasco

In the hallowed halls of democracy, three arms were designed to stand apart, yet watch each other.

The Executive, the Legislature, and the Judiciary.

But in Edo today, a question is hanging in the air: Is the line between them being erased?

There’s a suspected proposed move to repeal or amend, the Judiciary and Legislative Autonomy.

That’s the law that gives courts and the legislatures control over their own funding and administration, free from executive control.

Proponents in the Executive arm have been accused of a plan to remove judiciary and legislative independence either by repeal or amendment.

They speak of “efficiency,” “coordination,” and “a single vision of governance.”

But critics ask a different question: At what cost?

The PASAN members, led by their Chairman, Comrade Umaru Farouk-Haruna, and NBA Benin Branch chairman, Idemudia Iredia- Osifo who led its members think differently.

The Edo State branch of the Nigerian Bar Association, NBA, on Wednesday rejected the proposed repeal or amendment of the Edo State House of Assembly and Judiciary Autonomy Law of 2023.

In a press statement signed by Idemudia Iredia-Osifo and Chris Otasowie, Chairman and Secretary respectively, the Association condemned what it described as an “unconstitutional attempt to repeal or amend this law.”

The NBA stated that it remains committed to the promotion of the rule of law and to defending the oppressed and downtrodden. It noted that the move is an assault on democracy, the rule of law, and the independence of the other arms of government as guaranteed by the 1999 Constitution of the Federal Republic of Nigeria, as amended.

The Association cited Section 121subsection 3 of the 1999 Constitution, which guarantees the financial independence of the Judiciary and the Legislature by mandating that funds due to both arms be paid directly to them.

The 2023 Autonomy Law, it said, domesticated this provision in Edo State.

“To repeal or amend the aforesaid law is to legislate against the Constitution of the Federal Republic of Nigeria,” the statement read. “The Supreme Court, in A.G. Abia State v. A.G. Federation (2002) 6 NWLR Pt. 763 264, made it clear that no state law can override the Constitution.”

The NBA added that an independent judiciary is the last hope of the common man. “Where the Executive Arm of Government controls the purse and personnel of the courts, judicial impartiality and independence is compromised. This also undermines the rule of law,” it stated.

On the Legislature, the Association said: “The House of Assembly is the voice of the people. Financial dependence on the Executive Arm of Government turns lawmakers into appendages and destroys the doctrine of Separation of Powers under Sections 4, 5, and 6 of the Constitution.”

Because the moment the arm that implements the law also begins to hold the purse of the arm that interprets the law, that thin line disappears.

And the implication for society and democracy is clear and interpreting.

When the Judiciary cannot fund itself, can it truly judge without fear or favor? When separation of powers is weakened, who checks who?

Montesquieu warned centuries ago: “There is no liberty if the power of judging is not separated from the legislative and executive powers.”

In 2014, Edo’s judiciary drew the line.

A Federal High Court in Abuja granted financial autonomy to the judiciary, and workers in Benin downed tools for months demanding it be implemented.

By 2018, Former Nigeria President, Mohammadu Buhari signed the 4th Alteration Bill into law, and in May 2020, Executive Order 10 took effect nationwide.

The message was clear: funds for the Judiciary and Legislature would no longer pass through the Governor’s office.

They became a “first line charge” directly from the Consolidated Revenue Fund.

Section 121 subsection 3 of the 1999 Constitution says it plainly: money for the courts must go directly to the Head of Court.

The former Governor Godwin Obaseki himself said in 2021 that Edo was already complying, because “the functionality of the three arms of government independently is best for Nigeria’s democratic system”.

So why is “repeal or amendment” now on the table?

With the trends of discontent prevailing in a protest against the idea, there was a clarification intended to dissuade the mind of the people and make it seem to be justified.

What exctly are they amending is the question beaming everywhere, the people stir up conversation.

This point to deceptive tendencies by some lawmakers now acting a footstool to the executive arm, and some powerful politicians in the state is becoming very unbecoming.

Others suggested that it could be traced to the Ecological funds that have been domant, that is why a commissioner nominate who was initially stalled from clearance over an alleged Certificate furgery and now claired, is the reason for the squable.

Many traced it to the cold war between the Executive arm allegedly trying to impose a Junior Chief Judge under the Customary Court over a high Court Judge presently stalling the installation of the CJ as probably one of the reasons

However, in a swift response to the believe, the Speaker of the Edo State House of Assembly, Rt Hon. Yekini Idiaye, dismissed reports that the House is planning to repeal the financial autonomy law for the Legislature and Judiciary.

Speaking to journalists in Benin on Wednesday after plenary, Idiaye said what is being proposed is an amendment, not a repeal. He blamed the confusion on the circulation of an old order paper.

According to the Speaker, the amendment is focused only on the capital and project aspect of autonomy.

He said findings showed that many projects under both arms were not properly executed due to lack of oversight.

To address this, the House is proposing to create an agency that will monitor the release of funds, execution, and supervision of all capital projects for the Legislature and Judiciary. He stressed that the financial aspect of autonomy will remain untouched.

“We are not reversing the autonomy. We are all beneficiaries of autonomy,” Idiaye said.

The clarification came hours after members of PASAN and the NBA, Benin Branch, staged a protest at the Assembly complex. They said the Order Paper listed bills to repeal the Judiciary and Assembly financial autonomy laws, and warned that removing autonomy would return both arms to hardship.

Calm seems to have now temporarily returned to the Assembly complex after the Speaker’s explanation.

But doubts remain. Some stakeholders are asking: don’t we already have independent committees in the Judiciary and Legislature charged with checking how project funds are spent?

They likened it to another political jamboree and expression of who is who by a few cabals in the present government.

The Edo Financial Autonomy Law, signed under former Governor Godwin Obaseki, grants the Legislature and Judiciary independence in managing their finances.

Their job, as Montesquieu warned 300 years ago, is to check power.

“There is no liberty if the power of judging is not separated from the legislative and executive powers.”q

John Locke said it too: when one arm controls the purse of another, tyranny follows.

The consequence for society is Simple.

If the Judiciary must beg the Executive for salaries, for generators, for courtrooms, can it still rule against the government without fear?

If the Legislature’s budget is controlled by the Executive, who will question the budget?

That’s the thin line. The moment autonomy is repealed, separation of powers is not just blurred. It is kidnapped.

And in a democracy, when the referee is paid by one of the teams, the people always lose.

This directly violates the fundamental rights of Edo people.

When Courts lack resources to function, cases are delayed, detainees remain in custody, and citizens are denied access to justice.

The Edo State branch of the Nigerian Bar Association has demanded the immediate withdrawal of any bill seeking to repeal or amend the Autonomy Law for the Judiciary and Legislature.

In a statement signed by Chairman Idemudia Iredia-Osifo and Secretary Chris Otasowie, the NBA said the law must be fully implemented, both financially and administratively, as provided by the Constitution.

The Bar also called for public consultation with critical stakeholders, including the NBA, JUSUN, PASAN, and Civil Society, before any amendment is considered. It insisted that any review must be aimed at strengthening, not weakening, the independence of both arms of government.

The NBA further urged the new Speaker of the Edo House of Assembly, Rt. Hon. Yekini Idiaye, to resist pressure and inducement that could erode the rule of law.

It described the process as illegal and clandestine, and called out the Attorney General of Edo State, Prof. Roland Otaru, to defend the Constitution. The Bar said the AG should resign if he is unable to protect the rule of law.

The NBA warned that any lawyer in the House who participates in what it called this irresponsible move will be declared an enemy of the Bar.

It also called on Civil Society, Labour Unions, and the people of Edo State to rise and defend democracy and the rule of law.

With the eggalitarean society praising the intervention and move by the stakeholdres, the society is expecting all critical stakeholders to explore all legal remedies to protect the rule of law and defend the constitution of the Federal Republic of Nigeria 1999 as amended if this infamous process is pursued further.

Altough the House later step the bill down till Monday next week, all eyes are on the leadership of the 8th Edo House of Assembly on whether it will concor to halting its own independence like the Rt. Hon. Frank Okiye, who served as the Speaker of the 7th Edo State House of Assembly, where critics and opposing lawmakers frequently accused his leadership of compromising legislative autonomy and operating as an extension of the executive arm under then-Governor Godwin Obaseki