The Nigerian Bar Association (NBA) and its President, Yakubu Maikyau SAN, face criticism for their silence on the National Assembly’s alleged mishandling of due process in passing the Police Act (Amendment) Bill 2024.

The bill, hastily passed by both chambers on July 23rd without a public hearing, aims to extend the tenure of the current Inspector-General of Police, Kayode Egbetokun.

The amendment proposes increasing the retirement age of police officers from 60 to 65 years and their service tenure from 35 to 40 years. This change would allow Egbetokun, appointed in June 2023 for a four-year term, to serve his full tenure despite reaching the current retirement age of 60 in September 2024.

Critics argue that the National Assembly failed to follow proper procedures for amending bills, as outlined in their respective standing orders and the 1999 Constitution. Legal experts and activists, including Professor Chidi Odinkalu, have voiced concerns over this apparent breach of due process.

Dr. Sam Amadi, Associate Professor of Law and former Chairman of the Nigerian Electricity Regulatory Commission (NERC), criticized the NBA’s current state during an Arise TV appearance. He highlighted the organization’s decline in relevance and prestige since the military era, describing it as “routinised, bureaucratised, and governmentalised.” Dr. Amadi called for a renewed focus on economic development and improved legal scholarship.

The NBA’s silence on this matter has raised eyebrows, particularly given its role as a custodian of the law. Speculation suggests that Maikyau’s recent nomination to the Permanent Court of Arbitration and his alleged solicitation of support from the Senate President for the upcoming NBA Annual General Conference may have influenced the organization’s stance.

This incident follows a pattern of controversial bills being rushed through the National Assembly without proper scrutiny, including the recent minimum wage bill that increased the minimum wage from N30,000 to N70,000. As concerns mount over the erosion of due process in lawmaking, the legal community and public alike await a response from the NBA on these critical issues.

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