JUSUN Strike: Lagos Has Been Complying With Autonomy Of Judiciary — Sanwo Olu Tells NBA

*Says Our Commitment To Financial Autonomy Is Strong

Four Branches of the Nigerian Bar Association comprising of Lagos, Badagry, Epe, and Ikorodu Branches, have on Tuesday met with the Governor of Lagos State, Babajide Sanwo Olu

In a statement made available to TheNigeriaLawyer dated 20th April, 2021, Moshood Abiola said the meeting held at the state House in Marina and in attendance were the governor, his Deputy and the Attorney-General of the state amongst others.

Yemi Akangbe was reported to have presented a joint statement on behalf of the four Branches calling on the governor to implement the Autonomy of the Judiciary

The statement reads, “The NBA Lagos branch along with the Badagry, Epe, and Ikorodu branches today paid a visit in accordance with the directive of the NBA President on the ongoing JUSUN strike to the Governor of Lagos State at the Statehouse in Marina.

“The branch was represented by the Chairman- Yemi Akangbe, Vice-Chairman- Okey Ilofulunwa and the Secretary- Moshood Abiola along with their counterparts from Badagry, Epe and Ikorodu. The Lagos State Governor Babajide Sanwo-Olu was present at the meeting along with the Deputy Governor- Dr. Obafemi Hamzat, the Head of Service- Mr. Hakeem Muri- Okunola, Hon. Attorney General- Mr. Moyosore Onigbanjo SAN and the Special Adviser on Housing. The meeting started at about 10.45 am with the Hon. Attorney general doing a brief introduction and inviting the Branch Chairman- Yemi Akangbe who was also representing the other branch chairmen in attendance to present the NBA position.

“Yemi Akangbe delivered a jointly signed letter by all the branch chairmen in attendance containing the NBA position and reiterated that the demand of the association is that there should be full financial autonomy for the Judiciary. He acknowledged the giant strides that has been made by the Lagos State Government and the many firsts of the Governor. He said this was more reason why Lagos State should set the pace in ensuring the full autonomy of the Judiciary.

“Mr. Akangbe further stated that the demand of the NBA, as well as the agitations of JUSUN, was backed by law and a constitutional issue which must be adhered to. He observed that there were reports that the state was already complying with the provision of the law with 100% compliance in respect of recurrent expenditure and 75% compliance in respect of capital expenditure but that the State needs to comply fully.”

In response, the Attorney-General, Onigbanjo, SAN, said Lagos government has been complying with the law. He added that compliance is a fact and can be verified everywhere.

He explained that even JUSUN has confirmed the efforts of Lagos government in complying with implementation of the judiciary autonomy. In fact, according to the AG, sometimes government pays judiciary above what is captured in their budget

“The Hon. Attorney General in response stated in very clear terms that the state government was complying fully with the law. He said that the fact could be verified anywhere. He expressed regrets that the Lagos State JUSUN joined the strike when the State was not in default at all. He reported that the government had in the last two weeks met with the Lagos State Chapter of JUSUN and when they asked representatives of JUSUN how they came about the fact that the state was not complying they had no evidence to support but said they were directed by the National body of JUSUN to join the strike in solidarity.

“The Hon. Attorney General added that the Chief Judge of Lagos State- Hon. Justice Kazeem Alogba who was present at the meeting with JUSUN stated emphatically that the government was complying with the law. He quoted the CJ as saying that with respect to recurrent expenditure it was 100% compliance whilst with capital expenditure it was over 75%. The AG explained that the 75% was as a result of budgetary policies and in some cases it could be close to 100%. He said this was because the Judiciary through the Chief Registrar prepares and presents its budget to the house of assembly just like other ministries and same is approved and assented to by the governor but disbursement is now dependent on inflow of cash to the government. He said this is usually monthly as revenue from federal allocation, VAT, and internally generated revenue accrue monthly and funds are then disbursed to the judiciary monthly. For recurrent it is paid in full and that is why the government is not owing anything in salary till date as it is a first line charge directly to the Judiciary account. But for capital expenditure, funds are disbursed as at when available hence the 75% compliance at times.

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“The learned Attorney General gave instances where the state government even goes ahead to undertake additional expenditure for the judiciary not captured by the budget of the Judiciary like the new courts being renovated at Osborne as a result of the destruction of the Igbosere court house which nobody saw happening.

“The Governor of Lagos State in his own remarks said he had huge respect for members of the legal profession and he was happy to sit with them to dialogue. He said he had to take a late night flight back to lagos yesterday to make this meeting. He expressed reservations about comments made by the secretary of the Ikeja branch yesterday when the branch visited the government house at Alausa yesterday and didn’t meet the governor who was not aware they were coming.

“The Governor acknowledged the letter that was delivered. He stated that it was unfortunate that the JUSUN Lagos Chapter joined the strike when the state was not in default and that he had been made to understand that it was in solidarity with other states to give the strike some effectiveness.

“Mr. Governor stated that the state was a respecter of the rule of law and there was a conscious effort to alway do things in accordance with the law. He said he was saddened that the administration of justice in the state had been halted by the strike when the government was not in default. He stated boldly that the executive arm of the government does not in any way interfere with the judiciary financially or otherwise.” Moshood said

Governor Sanwo Olu too responded to Akangbe. He said he was surprised that the Lagos JUSUN joined the strike because there has been compliance with judiciary autonomy in the state. He reiterated that Lagos government does not interfere with the budget of the judiciary

Moshood said, “Mr. Governor repeated the clarifications made by the Hon. Attorney General and said the executive in no way interferes with the budget of the Judiciary or funds due to the judiciary. He went further to say that the State Government applies the same principle to funds of the Local Government by making sure they get every kobo due to them.

“He stated further that the government has always been proactive and meets regularly with critical stakeholders especially all the 17 unions in the state which includes JUSUN so that they know their demands on time and this strike took them completely by surprise as there was no basis for it.

“In conclusion he stated that he was hopeful the strike would be called off in Lagos very soon. He reported also on the meeting the state governors had with the leadership of JUSUN and hoped it would bear fruits soon. He said another meeting between the state governors and JUSUN would hold today.

“Responding the Chairman of the branch, Yemi Akangbe thanked the Governor but urged him to push his colleagues in other states to also comply with the law so that the strike can be called off nationwide and the courts can resume.

“The Hon. Attorney General rounding off the meeting said the Lagos Chapter of JUSUN had promised to meet with their national body and explain the current situation of the State with a view to the lagos chapter calling off the strike in Lagos state. He said they are hopeful that it would be very soon.

“The meeting which started with only three representatives from each of the four branches present was later expanded when more lawyers from the branches who were hitherto waiting outside were allowed in. Members from the Lagos Branch included Learned Silk – Chukwuka Ikwuazom SAN, Seth Amaefule, Emeka Nwadioke, Victor Nwakasi, Ikechukwu Uwanna, Shola Abiloye, Emmanuella Oreoluwa Sotomi-Aroyewun.

“The meeting ended at 12 noon with a strong resolve by all parties to continue to dialogue on key issues.”