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Financial Dependence Undermines Judges’ Independence, Says NBA

 

The Nigerian Bar Association (NBA) has raised fresh concerns over the autonomy of the judiciary, warning that the persistent financial dependence on the executive arm poses a serious threat to judicial independence and the rule of law.

In a communiqué issued at the end of the NBA Akure Branch’s seven-day Law Week held in Akure, the association declared that financial autonomy for the judiciary is non-negotiable, stressing that the current funding structure leaves the courts vulnerable to political influence.

According to the NBA, the judiciary remains “severely compromised” as the executive reportedly withholds 60 to 70 per cent of its statutory budget, resulting in operational deficiencies that often compel judicial administrators to seek financial support from the executive.

The association argued that this dependency undermines impartiality, hampers effective justice delivery, and exposes judges to undue political pressure.

“It is high time that the judiciary is severed from the apron-strings of the executive,” the communiqué stated, calling for the full implementation of Section 121(3)(c) of the 1999 Constitution (as amended), which guarantees financial autonomy for state judiciaries.

The NBA insisted that only an independent judiciary one that controls its own finances, amenities, and infrastructure can safeguard democratic governance.

As part of its resolutions, the NBA Akure Branch announced plans to establish an ad-hoc committee to engage both the judiciary and the executive to ensure the constitutional provision on judicial financial autonomy is finally enforced in Ondo State and beyond.

The communiqué also addressed issues surrounding the rehabilitation and reintegration of ex-inmates.

The NBA urged government agencies to fully implement the Correctional Service Act, 2019, emphasizing the need for a coordinated, well-funded system that supports reformation and reintegration.

To strengthen correctional reforms, the association recommended that the Ondo State Government create a dedicated department responsible for funding, data collection, monitoring, and ensuring the effective implementation of rehabilitation programmes for former inmates.

The NBA concluded that restoring judicial independence and strengthening correctional reforms are essential steps toward improving justice delivery and deepening public trust in the legal system.

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