By MOHAMMED KAWU, Bauchi
The Nigerian Bar Association (NBA) in Bauchi has threatened to take a legal against the State House of Assembly for delving into its constitutional privileges.
The NBA chairman, Jibrin Sa’idu Jibrin who issued the threat, said the House should adhere to its constitutional function of legislation and law making as contained in the separation of powers guaranteed by the Nigerian Constitution.
It could be recalled that the House has delved into the issue of promotion of some judicial officers to the position of upper and lower sharia court judges where it queried the exercise.
The Nigerian Bar explained that the constitution being the grand norm of the land, clearly stipulated the functions of the three arms of government.
Jibrin at a press conference in Bauchi cited the provisions of section 202 of the 1999 constitution, and sections 19 and 20 of the Bauchi state Judicial Service Commission law cap 75 laws of Bauchi state to buttress his claimed that the House has no power to interfere into the function of the judiciary.
According to him, the NBA as a body of lawyers have to draw the attention of the House to the fact that the said section 202 of the Constitution (supra),19 and 20 of Bauchi JSC law (supra) and other laws and regulations does not allow for the interference of the House on the issue in reference in the manner it sought to do.
“We have formally communicated to the House through the Speaker whereon we drew its attention to the provision of section 202 of the Constitution (as amended) along with section 19 and 20of 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 hulting of the promotion exercise as done by JSC, as well as the subsequent invitation of the concerned officials”.
“Being a major stakeholder in the justice sector and as 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 its intervention or involvement in this matter be addressed”.
“The idea is that we have a duty to ensure that the spirit and letter of the law especially the 1999 constitution as the grand norm is respected by all persons and authorities within and outside the state and of course the country”.
“We appreciate the interest, concern and commitment of the Honourable 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”.
“We are engaging the concerned authorities on the issues arising out of the exercise with a view to seeing to it that justice is done to all and laid down criteria, rules and regulations guiding such exercise are followed to the letter”, NBA chairman said.
