NIGER

Friday, December 10, 2010

NBA issues ultimatum to N’Assembly over 319 abandoned Bills


DIMEJI BANKOLE

Ahead of the 2011 general elections, the Nigerian Bar Association on Thursday in Abuja gave the National Assembly a three-month ultimatum to facilitate the immediate passage of about 319 Bills which were under the threat of abandonment.

The association added that if the lawmakers failed to pass the bills, the NBA would have no option than to declare them unelectable and advised the electorate to reject them in 2011.

According to the NBA, the bills under the threat of abandonment include Bill on Criminal Justice Administration; Administration of Justice Commission Bill; Legal Aid Council (Amendment) Bill; National Human Rights Commission (Amendment) Bill and Community Service Bill.

Others are Victims of Crime Remedies Bill; Elimination of Violence in Society Bill; Bill to Amend the Legal Practitioners Act; Act (Amendment) Bill; Police (Amendment) Bill; Evidence Act Amendment Bill; Legal Education Act Amendment Bill and the Freedom of Information Bill.

The President of the NBA, Mr. Joseph Daudu (SAN), issued the threat in his speech at the maiden edition of president’s roundtable on the review of human rights situation in Nigeria with a theme, titled “Setting an agenda for the protection of human rights in Nigeria.”

Daudu said, “Law making is integral to the development of Nigeria as an emerging nation. Though detested, the military was able to rapidly develop the country by the speed with which it legislated.

“Now that we have a civilian government, it was assumed that matters of this nature would receive the full attention of the legislature.

“Now 11 years have passed since the change of baton between the military and civilians with nothing to show for the added benefit of lack of compulsion...

“It seems to us in the NBA that if such heavy amount of legislative work is left undone, then the legislators have failed and do not deserve the mandate of the people to return.

“If this situation persists until March 2011, then the NBA will have no option than to declare all present legislators unelectable and that the people should reject them at the next general election (polls).

“This would serve as a lesson to all those who rise to power through the mandate of the people and forget them when they have reached their legislative kingdom.

“Unless votes will not count, Nigerians will reject all those who have ridden to power on their bare backs and turned around to act either exclusively in the promotion of their own selfish interest or against the people’s interest. To be forewarned is to be fore armed.”

The NBA also advised the Federal Government to obey the November 30 ECOWAS court judgment in its own interest and vowed to resist any attempt to sideline court decisions.

The Registered Trustees of the Socio-Economic Rights and Accountability Project had in the suit against the Federal Government and Universal Basic Education Commission, alleged the violation of Nigerian children’s right to quality education, dignity, right of peoples to their wealth and natural resources and to economic and social development.

According to SERAP, these rights are guaranteed by Articles 1, 2, 17, 21 and 22 of the African Charter on Human and Peoples’ Rights.

The ECOWAS Court had held that every Nigerian child was entitled to free and compulsory education by virtue of Article 17 of the African Child’s Rights Act, Section 15 of the Child’s Rights Act 2003 and Section 2 of the Compulsory Free and UBE Act.

But Daudu saluted the judgment, saying that, “The decision of the ECOWAS Court clearly and indeed explicitly debunks and demystifies the non-justiciability of Chapter 2 rights, duties and responsibilities by Government.

“I doff my hat for Femi Falana and SERAP for their timely intervention in the education sector of this country. It is the best Christmas present ever presented to Nigerians.

“The NBA believes in the use of public interest litigation to compel government authorities’ compliance with constitutional and statutory provisions and duties. There can be no other way in a democratic society to ensure compliance with statutory directives than the resort to constitutional measures of redress. That is why government must always respect the decisions of peaceful democratic institutions like our courts when it is handed down.

“The alternative to disobedience is to encourage people to contemplate extra-judicial measures for the purpose of seeking redress. We urge government to forthwith set up the machinery to obey the ECOWAS court judgment and implement the terms of that judgment to the letter. No government is above the law. Any attempt to sideline the decision of courts would be resisted by the NBA. This is the only way to secure peace, order and good government in Nigeria.”

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