*Decries Growing Lawlessness In State Houses Of Assembly
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In a recent interview on Channels TV’s Sunrise Daily, the President of the Nigerian Bar Association (NBA), Mr. Afam Osigwe, SAN, expressed deep concern over the growing lawlessness in State Houses of Assembly across the country. He highlighted the recent crisis in the Lagos State House of Assembly, where a former Speaker, Hon. Mudashiru Obasa, attempted to reclaim his position with the support of security forces, despite being impeached 45 days prior.
Mr. Osigwe criticized the involvement of security agencies in what he described as a “subversion of the Constitution.” He emphasized that the police, who claimed neutrality, were complicit in enabling the former Speaker to preside over a plenary session with only four members, while the majority of the House supported the newly elected Speaker, Hon. Mojisola Miranda, the first female Speaker in Lagos State.
“The security agencies must remain neutral at all times,” Osigwe stated. “It is worrisome that they withdrew security from the recognized Speaker and provided it to the impeached Speaker, who is challenging his removal in court. This is a clear abuse of power and a violation of due process.”
The NBA President also addressed the broader issue of lawlessness in State Houses of Assembly, citing similar incidents in Benue State, where lawmakers attempted to remove the Chief Judge without following due process or involving the National Judicial Council (NJC). He referenced a Supreme Court ruling that clearly states that State Assemblies cannot remove a Chief Judge without the NJC’s involvement, emphasizing that such actions undermine the rule of law and democratic institutions.
“State Houses of Assembly are becoming lawless and are not keeping faith with their oaths of office,” Osigwe said. “They are acting in violation of the Constitution, and this is destroying our democratic institutions. We must respect the rule of law and ensure that due process is followed.”
Osigwe also touched on the issue of local government autonomy, lamenting that governors often manipulate local government elections and funds, leading to a lack of development at the grassroots level. He called for the implementation of the Supreme Court’s judgment on local government financial autonomy, urging governors to allow local governments to function independently.
“The fight for control of local government funds is at the heart of the problem,” he said. “Governors treat these funds as slush funds, and this must stop. Local governments must be allowed to breathe and bring development to their people.”
When asked about the role of lawyers in these crises, Osigwe acknowledged that some lawyers contribute to the problem by enabling unconstitutional actions. However, he explained that the current legal framework limits the NBA’s ability to sanction lawyers who act in their capacity as lawmakers or politicians, as they are not considered to be acting in a professional capacity.
“In Nigeria, for a lawyer to be punished for professional misconduct, they must be acting in a professional capacity,” Osigwe explained. “If a lawyer who is also a lawmaker engages in misconduct on the floor of the House, it is arguable whether they can be sanctioned by the NBA. This is a gap in our laws that needs to be addressed.”
He called for amendments to the Legal Practitioners Act to ensure that lawyers who bring the profession into disrepute, regardless of their role, can be held accountable. He cited examples from the United Kingdom, where lawyers have been sanctioned for misconduct even when not acting in a professional capacity.
Osigwe concluded by urging all stakeholders to respect the rule of law and ensure that Nigeria’s democratic institutions are protected. “We must not allow might to replace right,” he said. “The rule of law must prevail for our democracy to thrive.”
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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