Why Rivers Won’t Enact Bill For Financial Autonomy Of Judiciary -Wike …Embrace Judicial Activism, Gov Charges NBA …Seeks Speedy End To VAT Case At S’Court

Rivers State Governor, Chief Nyesom Wike, has said that the state government would not enact a bill for financial autonomy of the Judiciary.
This is as the governor, also urged Nigerian lawyers to engage in judicial activism as a deliberate measure to addressing the slow dispensation of justice, and attempts to stifle the rights of the citizenry, just as he sought accelerated justice dispensation of the suit seeking constitutional interpretation on the collection of Value Added Tax (VAT) by the Supreme Court.
The governor maintained that it would be futile to bother the state House Assembly with such bill since the 1999 Constitution as amended already recognises independence of the Judiciary.
Wike made this assertion at the dinner in honour of delegates to the 61st Annual General Conference of the Nigerian Bar Association (NBA), at the banquet hall, Government House, Port Harcourt, last Monday night.
The governor noted that since Nigeria does not practice unitary system of government, it would be wrong for the Federal Government to issue directives to states on how they should run their affairs.
“Nobody can force me on how my state will operate. Nobody can say send this bill to the Legislature for Judiciary autonomy. The Constitution has already guaranteed that the Judiciary must be independent and we have agreed on that.
“Amendment had been done that the Judiciary must be independent, and on first line charge. If I’m not obeying that, there is a sanction for it.”
The governor explained that the state government had released all 2021 capital expenditure due to the Judiciary since September.
He challenged the Federal Government to prove it has done same.
Wike urged the Federal Government to desist from playing to the gallery with the issue of financial autonomy for the Judiciary.
According to him, a Federal Government with decrepit High Court buildings across the country cannot truly claim it fully supports financial autonomy for the Judiciary.
“Are they giving the Judiciary at the federal level the budget they are supposed to have in order to put the courts in order?”
Wike warned that the Rivers State Government will resist any attempt by the Federal Government to deduct funds meant for the state under the guise of implementing financial autonomy for the Judiciary.
The governor said the NBA cannot continue to be docile while security agencies are used by the Federal Government to intimidate and harass judges.
According to him, “When the Judiciary is destroyed, the legal profession is gone.”
Wike, also took a swipe at the past leadership of NBA for not protesting against the closure of courts in Rivers State for almost two years by the Governor Chibuike Amaechi-led administration.
He used the occasion to eulogise the Chairman of Council of Legal Education, Nigerian Law School, Emeka Ngige (SAN) for endorsing the establishment of the Port Harcourt campus of the Nigerian Law School.
The Speaker, Rivers State House of Assembly, Rt. Hon. Ikuinyi-Owaji Ibani, charged the NBA to all time stands in defence of the interest of people of the country.
The President, Nigerian Bar Association, Olumide Akpata, SAN, commended Wike for his unflinching support for the Judiciary and the Bar.
Akpata said the governor’s conscientious support and defence of the Judiciary was a pointer to his firm belief that institution of state should be strengthened.
The NBA president stated that when Wike leaves office, posterity would remember him as a man who fervently contributed his quota to nation building.
Chairman, Body of Senior Advocates of Nigeria in Rivers State and former NBA President, Onueze C.J. Okocha lauded Wike for his numerous landmark achievements in office.
Earlier, Rivers State Governor, Chief Nyesom Wike urged Nigerian lawyers to engage in judicial activism as a deliberate measure to addressing the slow dispensation of justice, and attempts to stifle the rights of the citizenry, just as he sought accelerated justice dispensation of the suit seeking constitutional interpretation on the collection of Value Added Tax (VAT) by the Supreme Court.
The governor gave the charge, last Monday, at the 61st Annual General Conference of the Nigerian Bar Association (NBA) in Port Harcourt.
Wike said no excellence can be achieved in the nation’s judicial system when judges lack the courage to enforce the law with equal measure because they are constantly under some form of political intimidation or pressure to please vested interests.
He wondered why the NBA has continued to focus less on promoting and fighting for the values of good governance, democracy, judicial independence, human rights and the rule of law when there is urgent need for them to do so.
“Never in our political history has Nigeria been so badly governed and denied of good governance with the Federal Government woefully failing in its basic duties to provide for the wellbeing and security of its own citizens as we have experienced in the last six years.
“On a daily basis the economic, social and political rights, including the rights to personal security, freedom of speech, association, dissent and peaceful protests, as well as the right to personal liberty are being violated with impunity by the present central administration and its security apparatus.
“The invasion on personal liberty has been brazen and indiscriminate, such that even judges of the superior courts, including Supreme Court justices, have in the recent past been victims of midnight assaults on their premises and subjection to unlawful arrests and imprisonments.
“Lately, the new devious trend is to tag security risks to innocent Nigerians and opposition elements and use the immigration authority to seize their international passports without a prior court order.”
Wike said it is not enough for the Federal Government to issue Executive Order 10 and do nothing more pragmatic about resourcing the Judiciary to the fullest possible extent, including enhanced judicial welfare and conditions of service.
According to him, there was need to seek judicial interpretation of the Executive Order 10 because, in itself, it is an oppressive erosion of the powers and autonomy of the sub-national governments to administer their own judicial budgets in line with prevailing economic indices.
“It is for similar reasons of strengthening fiscal federalism that we are in court to determine the proper authority, under our Constitution for imposing and collecting the Value Added Tax (VAT) in our country.
“These are very nationally sensitive issues and Nigerians are eagerly waiting for the final outcome of the judicial process. We, therefore, wonder why the Supreme Court is not giving accelerated hearing to these matters and respectfully request that this should be done in the national interest.”
Speaking further, Wike said it was time for everybody to work collectively towards building a strong legal system that is well-resourced, independent and effective in the administration of justice.
He said his administration has built, rebuilt, furnished and equipped old and new courthouses for the entire spectrum of the state and federal judicial system, including the Rivers State High Court, the Federal High Court, the National Industrial Court and the Court of Appeal in Port Harcourt.
Wike remarked that his administration is also spending N16billion to build the Nabo Graham-Douglas, SAN, Nigerian Law School campus in Port Harcourt.
This is in addition to the provision of administration and maintenance overheads of N10million per month for the next four years.
In his address, the Chief Justice of Nigeria, Hon. Justice Ibrahim Tanko Muhammad, charged the NBA and its members that serve in various offices in the arms of government to lead the crusade to address the poor condition of service of national judicial officers.
Justice Muhammad, who was represented by Justice Mary Odili, in his remarks before declaring the NBA conference open, observed that administration of justice is being hampered by assault that litigants, especially politicians and some lawyers, launch on the Judiciary when their ends are not met.
He urged the NBA to also take measures to discipline its erring members who do not only ridicule the Judiciary but also abuse its processes.
Justice Muhammad noted that as Nigeria remain faced with the challenges of kidnapping, banditry, terrorism, agitations for secession and resource control, the peace of the country now rests on the balance of the scale of justice.
In his keynote address, the Bishop of the Catholic Diocese of Sokoto, Most Rev. Matthew Hassan Kukuh, said it has been difficult to review the nation’s Constitution in a manner that meets the current aspirations of Nigerians because of the poor quality of those saddled with such responsibility.
According to him, any tenable constitution should be one that provides a mirror for each Nigerians to recognise him or herself as a citizen and not as an instrument that distributes favours to vested interests, sections or tribes.
Kukah wondered about the usefulness of having 120,000 members on NBA list that cannot be harnessed to provide the leadership that was required to save the country from the quagmire of having a workable constitution for Nigeria.
He said Nigerians suffer identity crisis because politics have been immersed in religion and making it difficult to have legal system that can address all issues and promote freedom and justice without any form of discrimination.
“Our politicians must become very careful and more circumspect. If we are going to take a lesson away from Boko Haram, from banditry, from where we find ourselves now, it is that there is an urgent need for politicians to become more restrained in their involvement with religion; because their religious identity remains a very troubling identity.”
Deputy Senate President, Obarisi Ovie Omo-Agege said the National Assembly has taken steps to ensure transparency of elections in Nigeria by giving nod to the electronic transmission of results.
On his part, the Speaker of the House of Representatives, Hon Femi Gbajabiamila said the Legislature was committed to ensuring that the rule of law thrives in the country.
In his welcome address, NBA President, Olumide A. Akpata explained that the 2021 conference comprises over 25 technical sessions where subject matter experts would lead conversations primarily aimed at envisaging the future of the legal profession within the context of a rapidly changing world and measures that lawyers would be required to embrace in order to remain relevant.
He expressed the profound gratitude of the NBA to the government and people of Rivers State led by Wike, for their support and legendary hospitality.
Present at the conference were the Governor of Sokoto State, Hon. Aminu Waziri Tambuwal; Governor of Plateau State, Simon Lalong; former NBA presidents, Onueze O.C.J. Okocha (SAN); Okey Wali (SAN); Paul Usoro, SAN; and Austin Alege, SAN, and lawyers from the 36 states of the country.
Others are Hon Femi Gbajabiamila represented by Barrister Luke Onofiok; Governor of Ondo State, Rotimi Akeredolu, SAN, in a representative capacity; President of the Court of Appeal, Justice Monica Dongban-Mensem; Chief Judge of Rivers State, Justice Simon Amadi; former Senate President, Dr Bukola Saraki; former Rivers State Governor, Sir Celestine Omehia; former Deputy Governor of Bauchi State, M.D. Abubakar; among others.