SEPARATION OF POWERS FOR SUSTAINABLE DEMOCRACY: THE NECESSITY OF A BOLD AND FEARLESS BAR*

Abstract

For the Judiciary to effectively perform its constitutional duty as the one of the three tiers of government, a separation of the Bar and the Bench is impossible. Even though intellectual ability is required of counsel to play this complementary role, boldness and fearlessness are foundational requirements. This paper discussed some instances where some actions of the Executive arm of government in Nigeria called to question, the existence or otherwise of these qualities in the Nigerian Bar Association as a body and the Nigerian lawyers as professionals. Their reactions to the Presidential Executive Order No.6 of 2018 and the recent suspension of the Chief Justice of Nigeria Onnoghen JSC by the President of the Federal Republic of Nigeria were focal points of discussion. The institutional and professional factors that could militate against or whittle down these prerequisites of a bold and fearless bar were discussed relying on both local judicial authorities and those of foreign jurisdictions.