A Senior Advocate of Nigeria J.S. Okutepa SAN has expressed worry over the lingering industrial action embarked upon by the Judiciary Staff Union of Nigeria (JUSUN) which has grounded judicial activities across the country. The learned Silk noted that the industrial action is already taking toll on judicial activities expressing regret that some State Governors are yet to come to terms on the importance and constitutionality of JUSUN demand.
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The learned silk noted that “It is almost one month that the judicial arm of government, that vital and most important arm of government established by the Nigerian constitution in section 6 thereof, has been rendered impotent and incapable of effectively carrying out it’s constitutional duties across the courts in all the states and Federal judiciary in Nigeria. It is not that their lordships, their worships the magistrates and other judges of other inferior courts are not ready to work. They are more than willing to work”.
He further noted that the JUSUN embarked on strike action on 6th of April 2021 to demand that the executive arm of government in all the 36 states should respect and obey the Nigerian constitution by giving to the heads of courts money meant for the judiciary from the Consolidated Revenue Fund as demanded of them by the constitution.
Stating that “It is clear and there is no debate about it that the issues raised by JUSUN are legitimate and constitutionally correct. The governors are not debating it. But they are not ready to obey the constitution. Some states have shown respect and fidelity to these constitutional imperative and obligations. Others are so adamant on the point”.
Okutepa SAN noted that the essence of his statement is to profer remedies or solutions for a way out of this logjam.
“But before then let me state that what the executive arm of government has successfully done is that it has completely rendered the two arms of government, the legislature and judiciary impotent and ineffective by starving them of funds and thus making them dependants on the executive. Indeed without fear of being contradicted what we operate in Nigeria is executive lawlessness. I think the time has come for the leadership of JUSUN and the legal profession to think out of the box. This strike has outlived its usefulness”.
Stating that the strike is creating more problems for justice and members of the legal profession than it was intended.
‘The people we are dealing with are people who have an insatiable appetite for executive lawlessness. The more the strike is on the more they pay deaf ears to the plight of the judiciary. There is no doubt that JUSUN and other persons have obtained judgments to the effect that money meant for the judiciary must be given to them. There is also no dispute that NBA has branches in all the states of the Federation”.
Noting that It is equally not in doubt that money meant for judiciary in each of the States of the Federation is known and of public knowledge because they are in the budgets as passed by the State Houses of Assembly.
Okutepa SAN, therefore, suggest the following to solve the problems of executive lawlessness towards Judicial Financial Autonomy:
- JUSUN should call off the strike.
- NBA branches should work with the heads of court and calculate the money meant for the judiciary as passed in the budgets for each year.
- The Bar should set up a legal team to enforce the judgment obtained by JUSUN and others persons vide garnishee proceedings.
- The legal team so set should be able to get orders directing the Accountant General of the Federation to deduct money meant for each state’s judiciary and pay direct to the heads of courts from the Federation Account Allocation Committee (FAAC). Noting that it is the best approach to solving this logjam using legal means.
“In this regards, I suggest also that the leadership of the legal profession should as a matter of urgency work with the Hon Attorney General of the Federation to see and ensure that the powers spelt out in Executive Order 10 are invoked to bring an end to this shameful and unconstitutional conduct of the State chief Executives who have decided to be breaching the constitution they sworn to defend and uphold”.
Okutepa SAN further expressed that the earlier this is done the better for all Nigerians who have been denied access to justice without any just cause. Lawyers and justice users have been starved of the necessary legal services.
“We must end this madness by using legitimate means at our disposal to restore sanity to our constitutional orders. Time to think outside of the box to achieve practical results is now”.
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