The Nigerian Bar Association (NBA) on Tuesday reacted to the comment made by President Bola Tinubu on not tolerating “illegal” orders.
While delivering his Democracy Day speech on Monday, President Bola Tinubu stressed that “the unnecessary illegal orders used to truncate or abridge democracy will no longer be tolerated.”
In response to President Tinubu’s comment, the NBA president, Yakubu Maikyau, in a letter addressed to Tinubu on Tuesday, said that the determination of what “constitutes “illegal orders” still remains a matter within the exclusive preserve of the courts of law” and not the presidency. Maikyau stressed that the NBA will “vehemently oppose” any attempt to truncate the country’s democracy.
“Your Excellency had earlier in your address observed “that the unnecessary illegal orders used to truncate or abridge democracy will no longer be tolerated,” the NBA president said.
“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.
“The NBA looks forward to Your Excellency’s demonstration of high regard for the rule of law and the orders of the courts of the land.”
Notwithstanding, Maikyau congratulated Tinubu on his swearing-in as the sixth democratically elected President of the Federal Republic of Nigeria and urged the Tnubu-led administration to focus on the immediate issues of national security, economy, and 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, to the extent 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.”
While admitting that the extensiveness of views supports the removal of the petrol subsidy by the new government, Maikyau emphasized the importance to alleviate the ripple effects of the removal on Nigerians.
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.”
Concerning the administration of justice, the NBA President posited 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.”
