NBA faults Presidency, NASS on constitution amendment

  • 4-10-2010

The Nigerian Bar Association (NBA) yesterday faulted the planned amendment of the constitution to accommodate extension of elections’ dates.

Briefing reporters in Abuja, NBA President Mr. Joseph Daudu (SAN) said polls shift would have negative effects on the electoral system.

He faulted the Presidency and the National Assembly over steps to further amend the Electoral Act 2010 to accommodate the shift in the 2011 elections’ dates.

He said: "The uncertainty about the political process, including the unacceptable manner in which the Presidency and National Assembly and their state counterparts government have gone about the process of constitutional amendments and effecting changes in the electoral law, the escalation of crime and criminality of our country, including the sophisticated dimensions of kidnapping and ransom-seeking and failing state of our criminal justice system have collectively placed our country in an uncertain state.

"No less noteworthy is the fact that as we commemorate 50 years of independence, it is trite knowledge that public trust in our democratic institutions is at its lowest. The National Assembly and State Houses of Assembly are largely seen as ineffective in representing the aims and aspirations of our people for better life."

Daudu described President Goodluck Jonathan’s response to the kidnap of 15 school children in Aba, Abia State, as less than inspiring.

His words: "The NBA specifically finds the intervention of President Jonathan on this matter less than inspiring. To simply order the police to arrest the kidnappers is an indication of a tragic under-appreciation of the challenges of policing and the dire state of our criminal justice system."

The Bar, he pointed out, "cannot simply fold its arms and watch Nigeria drift aimlessly and in danger of being shipwrecked by the challenges of governance. "It is trite knowledge that public perception of corruption, incompetence, and failure to control crime and the law and order situation continues to plague the Nigerian Police Force. Above all, there is a policing culture of political patronage that perpetuates impunity and all too often an absence of accountability."

Speaking on the need to reform the Police, Daudu called for the implementation of the MD Yusufu Committee’s recommandations.

"Simply put, there is nothing wrong with the Police today that has not been subject of extensive discuss and recommendations by uncountable high level government committees. These reports identified key issues that require attention. These include:

On the judiciary, Daudu said: "In general, the judicial system in Nigeria today is largely characterised by incessant delays and a backlog of cases in almost all courts. This problem is compounded by insufficient remuneration to judicial officers and court personnel as well as limited facilities. The reality of majority of state high courts is that state governments habitually refuse to release funds required to finance capital expenditure. These factors, combined with a cumbersome, opaque and outdated system of written trial procedures, have created a general atmosphere of limited confidence in the judicial process.


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