Former spokesman of President Bola Tinubu in the south east, Dr Josef Onoh, has raised concerns over the Nigeria Bar Association’s (NBA) role in the proliferation of conflicting court orders across the country. In this article, we delve into Onoh’s accusations, highlighting the need for the NBA to uphold the sanctity of the Bar and avoid partisan politics. We also examine President Tinubu’s Democracy Day speech and its implications for the legal system.
Dr Josef Onoh accuses the Nigeria Bar Association (NBA) of being complicit in the issuance of conflicting court orders by courts of coordinate jurisdictions. He emphasizes the importance of the NBA preserving the integrity of the Bar and refraining from partisan politics, urging the association not to be manipulated by opposition parties.
Onoh’s accusations stem from the NBA’s response to President Tinubu’s Democracy Day speech, where the President expressed the need to no longer tolerate unnecessary and illegal orders that undermine democracy. In his reply, NBA President Yakubu Maikyau emphasized that determining the legality of court orders falls under the jurisdiction of the courts, not the presidency.
Onoh argues that any instrument, regardless of its legality, that aims to create illegality or undermine legal authority is itself illegal. He highlights that conflicting court orders, whether final or interim, contradict the clear provisions of the Constitution, statutes, or regulations. Even the late Chief Justice of Nigeria, Honourable Justice Dahiru Mustapher, lamented the confusion caused by conflicting court orders and emphasized the need for clarity in judicial decisions.
Onoh assures the NBA that President Tinubu does not intend to interfere with the judiciary’s processes. Rather, the President’s statement addresses the issue of inconsistent court orders that can lead to conflict and jeopardize democracy. He emphasizes that the Nigerian judiciary is currently facing threats from contradictory court orders, which not only create problems within the judicial system but also raise concerns among those outside the bench.
Reflecting on the events surrounding the controversial orders issued before the 1993 presidential election, Onoh emphasizes the detrimental role the justice system played in destabilizing democracy. He warns against judicial anarchy and its potential consequences for democratic stability and public trust in the justice system. Onoh argues that the misapplication of laws may lead Nigeria back to a period reminiscent of military regimes, where fair hearing is subject to military decrees.
Onoh highlights that President Tinubu’s administration aims to engage all stakeholders and support the judiciary in strengthening disciplinary measures. He emphasizes the importance of preserving the rule of law to safeguard democracy. Onoh also urges the NBA to remember the attempts made by the opposition political party, PDP, to disrupt democracy by obtaining conflicting injunctions and ex parte orders in political cases.
Dr Josef Onoh’s accusations draw attention to the role of the Nigeria Bar Association in addressing conflicting court orders. It is crucial for the NBA to remain impartial, uphold the integrity of the Bar, and support measures that strengthen the judiciary’s disciplinary actions. President Bola Tinubu’s administration aims to protect and preserve the rule of law, ensuring the stability of Nigeria’s democracy.
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