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NBA FrownsAt Executive Involvement In Judiciary Contracts

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The Akure Branch of the Nigerian Bar Association (NBA) has kicked against the practice of the executive arm of government awarding contracts on behalf of the judiciary, describing it as a violation of judicial independence.

NBA Akure chairman Mr. Friday Umar, who stated this while speaking ahead of the branch’s annual Law Week, said it was inappropriate for governors to oversee contracts for the construction of court buildings or the purchase of vehicles for judges.

The annual Law Week will focus on the theme: “Nigeria: Quest for a Utilitarian Judiciary and Roles for Stakeholders.” Former Minister of Aviation Chief Femi Fani-Kayode is scheduled to deliver the keynote address.

The event will also feature a session on “Promoting Electoral Justice through Legislative and Judicial Systems”, led by Dr. Remi Olatubora (SAN), with Olumide Olujimi (SAN) and Adamson Adeboro (SAN) as discussants. Umar said the communiqué at the end of the Law Week will contain recommendations aimed at strengthening both electoral and judicial systems.

“For democracy to thrive, there must be a judiciary that delivers justice without fear or favour,” Umar said, just he also emphasized that electoral justice is critical, noting that when electoral processes are flawed, the resulting government may also be compromised.

Umar also called for reforms to streamline pre-election litigations, stressing that political parties that violate democratic principles should face legal consequences. On conflicting judgments from courts of coordinate jurisdiction, he said the National Judicial Council (NJC) is making efforts to curb forum shopping.

“Sometimes conflicting decisions arise from differences in judges’ perspectives,” Umar explained. “However, the NJC has introduced guidelines to prevent litigants from moving cases from one jurisdiction to another in search of sympathetic judges. Cases should be filed where the cause of action occurred to preserve judicial integrity.”

While commending the Ondo State government for constructing a new judicial complex named after the late Governor Rotimi Akeredolu, Umar emphasized that such projects should ideally be undertaken by the judiciary itself to safeguard its independence.

On electoral and judiciary reforms, Umar stressed the need for urgent measures to strengthen Nigeria’s democracy and restore public confidence. He lamented persistent flaws in the electoral system, noting that a transparent and independent judiciary is vital for democratic governance.

“As lawyers, we have our duties and responsibilities, and so do the judiciary and the government. Democracy thrives where the judiciary is independent. The electoral system also determines the legislature and executive; if the process is defective, the outcomes will be too,” he said.

Umar further stated that the ongoing amendment of the Electoral Act would be closely monitored by the NBA, with recommendations from the Law Week communiqué directed to the government and relevant stakeholders.

He also highlighted the need to streamline pre-election litigations arising from party primaries, which often escalate to the Supreme Court.

The NBA chairman said the critical role of citizens in preserving democracy, saying “When a voter accepts money to sell his vote, he becomes part of the larger problem. The destiny of democracy is in the hands of all of us.”

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