By Nimake Earland
The Nigerian Bar Association (NBA) in Bauchi State has charged the Bauchi State House of Assembly to stick to its constitutional function of legislation and law-making as enshrined in the principle of separation of power as guaranteed by the Constitution of the Federal Republic of Nigeria 1999 (as amended) which provides for separation of power.
The Chairman, NBA Barr Jibrin S. Jibrin, disclosed this at a press conference at the Press Centre of the Nigeria Union of Journalists (NUJ) in Bauchi, while reacting to the recent resolution of the Assembly on the promotion of some judicial officers to the position of upper and lower Sharia court judges.
He said the constitution, being the grand norm of the land, clearly stipulated the functions of the three arms of government.
Citing the provisions of Section 202 of the 1999 Constitution (as amended) and Sections 19 and 20 of the Bauchi State Judicial Service Committee Law Cap 75 Laws of Bauchi State 2006, the NBA submitted that the House did nit have such power to interfere in the function of the judiciary, which is another arm of government.
The NBA chairman said that the body had a duty to ensure that the spirit and letter of the law especially the 1999 Constitution was respected by all persons and authorities within and outside the state and of course the country.
“As the leaders of the Bar in Bauchi State, we are addressing you this afternoon regarding issues arising out of the position of the Bauchi State House of Assembly regarding the recent promotion exercise involving judges of lower Shari’ah courts as carried out by the Judicial Service Commission (JSC) in Bauchi State.
“Now having this background in mind, we have keenly monitored the developments pertaining to the said promotion exercise and as a body whose stake in issue bordering on the justice sector as the JSC constitutionally sanctioned, we have thoroughly reviewed the developments,” Jubrin said.
According to him, “we have formally communicated to the Bauchi State House Assembly through the Speaker whereon we drew its attention to the provisions of Section 202 of the 1999 Constitution FRN (amended) along with Sections 19 and 20 of the Bauchi State Judicial Service Committee Law cap 75 Laws of Bauchi State 2006 in the context of the legal implication of the position of the House calling for the halting of the promotion exercise as done by J.S.C as well as the subsequent invitation of the concerned officials.
“We are, however, under obligation as lawyers to draw attention to the fact that the impact of the said Sections 202 of the Constitution (supra), 19 and 20 of the Bauchi State JSC Law (supra) and other extant laws and regulations does not allow for the interference of the Honorable House on the issue in reference in the manner it sought to do.”
“Being a major stakeholder in the justice sector and an avowed advocate of the rule of law, justice, equity and proper conduct, we are concerned that the relevant legal issue raised by the position of the legislative arm of the government in the state particularly, the manner of their intervention or involvement in this matter be addressed.
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“The idea is that we have a duty to ensure that the spirit and letter of the law especially the 1999 constitution as the grund norm is respected by all persons and authorities within and outside the state and of course the country.”
While saying that the NBA appreciates the interest and concert of the House on the fact that justice must be done in the issue of promotion, Jubrin said the association was engaging the concerned authorities with a view to seeing to it that justice was done to all.
“We appreciate the interest, concern and commitment of the Honorable House on the issue especially the fact that justice be done to all concerned, including the need to reflect geographical balancing in the exercise of this nature.
