The Nigerian Bar Association informed President Bola Tinubu on Tuesday that it is the sole province of the legal system’s courts to determine what constitutes “illegal orders,” not the executive branch. The NBA clarified in a letter released by its president, Yakubu Maikyau, SAN, in response to the president’s assertion during his address on Democracy Day that “the unnecessary illegal orders used to truncate or abridge democracy will no longer be tolerated.”
In the letter, Maikyau emphasized that the NBA would “vigorously oppose any attempt by any person or group of persons to truncate or in any way abridge our democracy.” He insisted, however, that the president could not assign himself the responsibility for doing so. Maikyau also congratulated Tinubu on being the sixth president of the Federal Republic of Nigeria to be elected democratically and gave the new administration the directive to concentrate on the pressing problems of national security, the economy, and the administration of justice.
The letter read in part, “What Nigerians require is a well-thought-out, informed, all-inclusive, and purposeful intervention, with as much information made available to the public as permitted within the parlance, so as to reassure Nigerians of the sincere commitment of the government in the area of security.
“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 given the task of implementing security plans and policies.”
Even though Maikyau acknowledged that the new government’s decision to eliminate subsidies is supported by the majority of opinions, he emphasized the necessity of lessening the impact of the change on the populace.
He said, “What remains, however, is the need to immediately deploy such 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 this otherwise laudable decision before its positive impact will begin to be felt or noticed within our socio-economic space.”
The NBA President stated in regards to the issue of justice administration that “every aspect of our judicial infrastructure requires fundamental rethinking.”
“Our approaches to policing, adjudication, bail, sentencing, and imprisonment need changes in significant ways. 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 under your able leadership, Nigeria will be able to respond effectively to these various challenges.”
