SPEECH OF THE CHAIRMAN, NIGERIAN BAR ASSOCIATION (NBA), MAKURDI BRANCH JUSTIN A. GBAGIR, ESQ. AT THE VALEDICTORY COURT SESSION IN HONOUR OF THE RETIRED CHIEF JUDGE OF BENUE STATE HONOURABLE JUSTICE IORHEMEN HWANDE, OFR (DECEASED)
DATED AT MAKURDI THIS 4TH FEBRUARY, 2022

Protocols:
1.0 It is with a heavy heart that I summon the courage at my disposal to support the application just moved by the leader of the Benue Bar, Hon. the Attorney General and Commissioner for Justice, Michael Gusa Esq. praying for an order of committal to mother earth of the lifeless body of the former Chief Judge of Benue State, Honourable Justice Iorhemen Hwande, OFR (Rtd) now deceased.
2.0 My Lords, it is saddening that we are commencing the New Year with death invading our jurisdiction and harvesting members of the legal profession unhindered. A week prior to My Lords demise, death took away Moses Jov, Esq. (deceased) former Chairman of NBA, Gboko Branch. In just about 24 hours after my Lord the Late Chief Judge’s demise, death again snatched away the learned Professor of Law, Ignatius Ayua, SAN. We are enormously grieved by these three deaths.
3.0 My Lords, the salient features of the motionless body of our deceased Chief Judge (Rtd) before the Honourable Court have been ably captured by Hon. the Attorney General in the lead address. I adopt the salient features as well captured by the Honourable the Attorney-General.
4.0 Suffice to stress however, that the deceased Chief Judge Rtd had served his father land meritoriously during his judicial career in several capacities. Some of the sensitive responsibilities he handled include but not limited to:
5.0 This is someone who has put in most of his productive years in service to his father land and could not live to enjoy his retirement occasioned by non payment of his retirement benefits and irregular payment of his monthly pensions. It is to be emphasized too that the deceased Chief Judge, Rtd died at the prime age of 69 years when his wealth of experience was most needed.
6.0 It is to be noted that we have several judicial officers who have retired in the state without the payment of their retirement benefits. Some of them like our deceased Chief Judge have died without enjoying their retirement benefits. Currently, we have two retired Chief Judges, 2 retired Presidents of Customary Court of Appeal, and 8 retired Judges of the High Court and Customary Court who are languishing in retirement without the payment of their retirement benefits.
7.0 We also have a total of 34 Magistrates of various grades and 17 of our members from the Ministry of Justice who have also retired without the payment of their retirement benefits. Majority of these magistrates and law officers retired between the years 2015 to 2021. Some of them have picked up their wigs and gowns and have joined us in private legal practice under very challenging and difficult conditions, a privilege that is not available to the retired Judges of the High Court and Customary Court of Appeal.
8.0 These three categories of retirees spent their productive and fruitful years working in the state justice sector to ensure justice, peace and tranquility. The fact of the non-payment of their retirement benefits portend a lot of dangers in the dispensation of justice. The lesson that those who are still in service are expected to learn from this unfortunate situation is that they need to take care of themselves while still in service. This is capable of breeding corruption in the justice sector and we all know the dangers and dire consequences of a corrupt justice sector.
9.0 It is against this background that I wish to reiterate the call I made on the 18th October, 2021 during the valedictory court session to mark the 2021/2022 legal year that the Executive Governor of Benue State, His Excellency, Dr Samuel Ortom should urgently take extra measures to ensure the payment of the retirement benefits of all the judges of the Benue State Judiciary, including the Magistrates, Area Courts and our colleagues who have retired from Ministry of Justice. We shall follow up on this with the leader of the Bar, the Hon. Attorney General to ensure that this appeal is yielded to.
10.0 I also wish to use this opportunity to comment on the state law on judicial autonomy which was passed by the State House of Assembly and assented to by the Governor in 2021. The said law which has a long title “Ä Law to Provide for the Management of Funds Accruing to the Benue State Judiciary from the Consolidated Revenue Fund of the State to Ensure Accountability, Transparency, Effective and Efficient Utilization of the Funds for Purposes Connected Therewith” has a short tile “Benue State Judiciary Fund Management (Financial Autonomy) Law, 2021.”
11.0 It is worthy of mention that a similar law was passed for the Benue State House of Assembly and the long title of that law reads “A Law to Provide for the Management of Funds of Benue State House Assembly and for Purposes Connected Therewith”. The Short title of law reads: “Benue State House of Assembly Fund Management (Financial Autonomy) Law, 2021.” The laws for the House of Assembly and the Judiciary which were assented to by the Governor on the 10th November, 2021 also came into effect the same date. It is surprising that the Law for the Management of Funds of the House of Assembly is not to ensure ‘Accountability, Transparency, Effective and Efficient Utilization of the Funds’’ as stated in the long title of the State Judiciary Law.
12.0 This might seem simple but when viewed against the background of other factors, it speaks volumes. It explains how the judiciary as an independent and important arm of government is perceived by the other two arms. It also explains why the issue of independence of the judiciary is equally been treated with flippancy by the other arms of government.
13.0 Section 5 (1) (d) of the State Judiciary Law (Supra) provides that “all funds standing to the credit of the Consolidated Revenue Account LESS established obligations due (if any) shall be the amount distributable for the Month.” From the budgetary provisions, only the Executive Arm of Government is allowed to borrow. To what extent are the amounts so borrowed shared amongst the three arms of Government? In the 2021 Benue State Approved Budget Estimates for instance, out of the One Hundred and Thirty-Four Billion, Three Hundred and Seventy-Four Million, Seven Hundred and Sixty-Six Thousand, Three Hundred and Eleven (N134,374,766,311) Naira, the state Government proposed Domestic Loans/Borrowings Receipt of Twenty Billion Naira (20,000,000,000).
14.0 The budgetary allocation for capital expenditure for the three judicial entities in the 2021 Budget is as follows:
High Court of Justice - 325,870,000
Customary Court of Appeal - 113,726,460
Judicial Service Commission - 20,000,000
Total - 459,596,460
15.0 The total budgetary allocation for the judicial entities (N459,596,460) in the 2021 Benue State Budget Estimates is just 0.34% of the total Budgetary Estimate of the State which is (N134,374,766,311). I have been informed and I verily believed it to be true that since the coming into force of the law, no meeting of the State Account Allocation Committee involving the representatives of the judicial entities has been held and no money has been released to the judiciary for the execution of its capital expenditure and by extension in furtherance of its financial independence. The purported law is therefore, a misnomer, inappropriate and incongruous to the financial independence of the judiciary contemplated in the constitution. The Bar will take appropriate steps in respect thereof as stated in my speech during the valedictory court session to mark the 2021/2022 legal year.
16.0 It must be emphasized that the relationship between the three branches of government should be one of mutual respect, each recognizing and respecting the proper role of the others. This is essential because the judiciary has an important role and functions in relation to the other two branches and this is at the core of the theory of separation of powers: that the judiciary, which is one of three basic and equal pillars in the modern democratic state, should function independently of the other two: the legislature and the executive.
17.0 My Lords, we have a saying that when it is a period of eating corn, you talk about corn. Let me therefore seek leave to comment briefly on the current political activities in the state. As at the last count, there were over fifty (50) gubernatorial aspirants in the state. The state capital, major towns and highways in the state are littered with campaign posters and billboards. The aspiration to be Governor of the State has become the desire of everyone who can afford posters and billboards. The question is whether the teaming number of aspirants vying for the one position of the Governor of the state are actually doing so in furtherance of the common interest of the people.
18.0 I know as of fact that some of the aspirants will not even afford party nomination forms at the end of the day. But it is disturbing that it is only in Benue State that the aspiration to be Governor and the campaigns for the purpose have reached this peak when INEC has not even lifted ban on political campaigns. It leaves a very bitter and unpleasant taste in the mouth considering the many challenges that governance has foisted on the Benue people. I have been to several states in the last three months and I have not witnessed nor noticed the nature of political campaigns that is going on in Benue State.
19.0 It needs to be emphasized that some of the aspirants have held positions of responsibility in the administration of the state since the return to democratic governance in 1999. To what extent have they contributed their quota in surmounting the many challenges bedeviling the state? Do they think they can only solve our problems as Governor? Or they are just looking for an opportunity to have a bite at the cherry or get their own share of our commonwealth.
20.0 My Lords, all the issues raised herein are part of the mourning and I am entitled to mourn the way I want. I do not have to mourn to please anybody. In any case, “Mliam ma Doon Ga”.
21.0 My Lords, it is unfortunate that death has continued to incessantly harvest members of the legal profession from our Branch. There are several precedents, the ones during my tenure alone are the cases of Re: Hembaor S. Sendeve, Esq (deceased), Re: Moses Udam, Esq. (deceased) and his amiable wife who were gruesomely murdered, Re: Denen Orkar Esq. (Deceased), Jeffrey Wayo Ubwa Esq (Deceased), Erdoo Roseline Terngu Esq. (deceased). We also recently lost APY Awuhe (Deceased) but we were not able to hold a valedictory court session in his honour.
22.0 In the circumstances, with utmost pain and sorrows, I support the application ably moved by the learned Attorney-General in terms and urge My Lords to grant the said application in the interest of justice.
23.0 We are most obliged My Lords.
Dated this 4th day of February, 2022

Justin Gbagir, Esq.
Chairman
Nigerian Bar Association (NBA), Makurdi Branch