Autonomy bill: Lawyers laud Buhari

Lawyers in Lagos on Saturday, lauded President Muhammadu Buhari’s signing of a bill granting the states judiciary and the Houses of Assembly of respective states financial autonomy.

The Senior Special Assistant to President Buhari on National Assembly matters, Mr Ita Enang, had on June 8 had made the revelation at a news briefing.

“Upon this signature the amounts standing to the credit of the judiciary are to be now be paid directly to the judiciary of those states and no more through the governors.

“The amounts standing to the credit of the Houses of Assembly of the respective states are now to be paid directly to the Houses of Assembly of that state for the benefit of the legislators and the management of the States Houses of Assembly.

“This grants full autonomy now to the judiciary at the state level and the Houses of Assembly at the state level,” Mr Enang said.

Welcoming this development, Mr Adeshina Ogunlana, the Chairman of the Ikeja Branch of the Nigerian Bar Association (NBA) said it was a step in the right direction in achieving proper separation of powers in government

“I am excited about the President’s signing of the Bill. It is in furtherance of the doctrine of separation of powers which was designed to make democracy what it is as opposed to monarchy where you have fusion of powers.

“When you have separation of powers without financial independence, it becomes a problem because whoever controls the purse, controls how you act.

“So far till now, the Executive has been the controller of the purse, the Judiciary used to approach the executive for financial handouts.

“Virtually all the Chief Judges go ‘cap in hand’ to be in good terms with their governors if they want anything for themselves or their sector of government and they are afraid of going against the bidding of the executive.

“They actually were not equal before now but the signing of the Bill will enhance and promote the independence that we have been advocating,” Ogunlana said.

Other lawyers said the signing of the Bill was as a result of lobbyists who had over the years pushed for financial autonomy of the judiciary and that it will strengthen financial institutions.

Mr Wale Ogunade, a constitutional lawyer and President, Voters Awareness Initiative, said “it has been one of the issues that we have been canvassing for.

“The independence of the Judiciary, the independence of the Legislature is one of the core benefits of democracy which is the building of strong democratic institutions.

‘When the Judiciary and Legislature is dependent on the Executive, they will always go to them ‘cap in hand’ and this does not augur well with democracy, making regulations and legislations very poor.

“Now, it is ensured that everyone is independent and they can do things regularly through the proper instrumentality of law and order and the rule of law” Ogunade said.

Mr Giti Ogunye, a lawyer and public affairs analyst said “Assenting the Bill is highly commendable and moving forward, I hope that it will help strengthen our democratic institutions in the judiciary and legislature.

“However, financial autonomy requires financial and physical responsibility before now, the executive had been the controller of the purse.

“The executive had been the ‘feeder of the judiciary and the legislature, the Judiciary Staff Union of Nigeria (JUSUN), had for a long time, been canvassing for judicial autonomy and welfare of judicial staff.

“This is a welcome development,” he said.

Ogunye, however, cautioned against financial recklessness and impropriety that may arise from the financial autonomy granted to the Judiciary and Legislature.