WHY JUCIARY STAFF UNION OF NIGERIA (JUSUN) IS EMBARKING ON STRIKE ACROSS STATES
Give to Caesar what belongs to Caesar.
Mtemdoo Gbagyo
The attention of many Nigerian have been drawn to the proposed strike action by the Judiciary Staff Union of Nigeria (“JUSUN”), as contained in a notice issued by its General Secretary, I.M Adetola, dated 1st April 2021. By the said notice, members of JUSUN across the Federation have been directed to down tools, effective from Tuesday, 6th April 2021, to press home JUSUN’s demands for enforcement of financial autonomy in the Judiciary.
Nigerians maybe deeply worried that despite the clear provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended) which confers the autonomy of the Judiciary. Nevertheless , the Executive arm of Government, particularly at the State level, has customarily refused to comply with the provisions of the Constitution, which are targeted at safeguarding the independence of the Judiciary and it sacrosanctity.
The facts leading to the intending strike is that as you maybe aware, there is a judgment of the Federal High Court delivered on 13th January 2014 which unequivocally confirmed the autonomy of the Judiciary in line with the provisions of the Constitution.
Sequel to the judgement, there was a Memorandum of Understanding between JUSUN and relevant cum critical stakeholders wherein parties agreed to conscientiously give live and effect to the judgement of the Court, however like robbing Peter to pay Paul, that has not been the case for seven years after the
landmark judgment in 2014.
This situation indeed does not speak well for our constitutional democracy, as it suggests that members of the Executive arm of Government, who swore to uphold the principles of the Constitution, can disregard it, with impunity and recklessness.
The Judiciary is an equal arm of Government similar to the Executive and the Legislature, and its independence is fundamental to the effective discharge of its constitutional mandate under the Constitution of Nigeria and other extant laws.
Ironically, the situation is Nigeria is a different one. Judiciary practically begs for its resources from the Executive arm, as is currently the case across several States. This indeed cannot guarantee its independence, and same constitutes an affront to the Constitution and the Rule of Law.
Even when such State gives out such resources same is perceived as a clog in the wheel of justice adjudication as you cannot flout the orders of the pay Master. So how and where is the indepency without autonomy
Another fundamental reason as you maybe aware is equally that, the Executive Order No. 10 signed by President Muhammadu
Buhari, on the 20th of May 2020 which, to a large extent, sought to address this constitutional issue by treating the funds due to the State Judiciaries as a first line charge, and requiring that the funds be paid directly to the Heads of Court concerned. Findings reveal that that most State Governors have challenged the Executive Order, citing constitutional infractions.
The Nigerian Bar Association (NBA) led by Olumide Akpata have also thrown it weight behind JUSUN saying “is of the considered view that the provisions of Section 121(3) of the Constitution on the financial autonomy of the State Judiciaries are clear and do not really need the instrument of an Executive Order to give effect to them.
Therefore, to the contrary, it is a simple matter of enforcement by the States as the Federal Government has admirably done in respect of the issue to Judiciary at the Federal level.
Give to Caesar what belongs to Caesar.
