JUSUN’s Continuous Indefinite Strike: Litigants And Litigation Lawyers As Sacrificial LAMBS!

By Hameed Ajibola Jimoh Esq.

The indefinite strike action declared by the Judiciary Staff Union of Nigeria- herein after referred to as JUSUN- has lasted for over three weeks and it is still counting! The JUSUN had embarked on the strike action to compel financial autonomy of the judiciary on the Governors of States that have not complied with the said autonomy. Nevertheless, considering the consequential implications of the strike action on litigants and litigation lawyers, this paper is of the respectful view that the strike action has made litigants and litigation lawyers as sacrificial lambs, hence, this topic.

The Merriam Webster online dictionary describes ‘sacrificial lamb’ as follows ‘someone or something that is deliberately sacrificed to promote a cause or for the benefit of others’.  It is true that the financial autonomy of the judiciary is important and sacrosanct which I also support. Nevertheless, there is the need to consider the negative impacts of the strike on the litigants in civil and criminal cases and the entire members of the public and the litigation lawyers as a whole! Therefore, it is my humble view that the critical issue is the means devised by JUSUN to achieve the goal of judicial autonomy and that is my great challenge which is locking up courts to affect access to courts by litigants and litigation lawyers! Some senior lawyers have criticized my grievances against the strike action because to them, they felt that we should all bear the pains for now in order to achieve the financial judicial autonomy! They also felt that lawyers are not on strike rather courts are! They reason also that since lawyers are not on strike, then, lawyers should have alternative means of survival and not necessarily on the litigation practices! Some of them even view that the strike action has taught us as lawyers that we should find alternative means of survival or earning a living and not rely on litigation! The Nigerian Bar Association-herein after referred to as NBA- has also supported the strike action even though disappointingly, did not take congnisance of the impacts of the strike action on its members and litigants! Then, some seniors who have earned high profile of clientele wickedly and non-compassionately with due respect to them, openly criticized me that they support the strike action and that they wondered why a human rights activist like me would complain about the strike action?! It was indeed a very great surprise to me! I have also read and listened to some senior lawyers and junior lawyers complain about the impacts of the strike action on them! these are the vulnerable members of the legal profession! The wealthy ones among lawyers refused to take care and or alleviate the impacts of the strike action on the vulnerable lawyers! Yet, the wealthy ones inhumanly criticized the vulnerable lawyer against his criticism of the strike action on his just surviving business despite the recent impacts of the covid-19 and the #endsars protest that left destructive effect on the economy of government and citizens as a whole! How old I am even at the bar?! I am just 8 years at the bar! Is it not reasonable for me to complain about the impacts of the strike action on me?! Can I compare my economic development to those of my seniors as Senior Advocates of Nigeria and others above my year of professional practice?! As far as I am concerned, the strike action cannot be justified to continue while the JUSUN and other government workers on strike would lose nothing at the end of the strike because they would still be paid all their salaries and other emoluments unaffected! But who bears the effects negatively?! They are the litigants and the litigation lawyers, including myself! Wealthy seniors inhumanly only criticize the vulnerable colleague but have no helping hands financially to the vulnerable colleague by at least, showing a hand of concern to him, especially those lawyers that their business has been affected by the strike action which has lasted for more than three weeks! For instance, I am vulnerable because, the covid-19 and the #endsars protest left some huge debts on my business which I have already spent a lot of money made so far on the resumption from the lockdowns in paying back and was about to pick up the business when this strike action came up impromptu! I am now in another round of debts and I have family to cater for! Why would someone who is a lawyer like me criticize me for showing my grievances on how the strike action affects me?! Is that not inconsiderate of such colleague?! Has the senior colleague forgotten that I am a human rights activist and I am not trained to be quiet in suffering?! Is it now that there is strike action that such a person would  be preaching to me that I should have looked for alternative means to survive?! I really appreciate a senior lawyer who chatted me up on my whatsapp number on his own and requested to send airtime to me! He requested for my bank account details which I sent to him. Surprisingly, he sent the sum of five thousand naira only (N5,000.00) as a help to reduce the impact of the JUSUN’s strike action! May God bless him! This is one of those welfare concerns expected from the wealthy colleagues! One day, in God that I trust, I would also be in position to help others one time or the other either as a Judicial Officer (Judge) or as a private legal practitioner (or in any other better position)! I will not hesitate to help those among my colleagues in need having regard to the legacy left by this senior (and some few seniors have done such as this in the past to me during the covid-19 and the #endsars protest when I reached out to them for help!)! Apart from him, who cares?! Even some of the NBA’s executives who have wealthy clientele are criticizing me rather than use initiative on how to help at this time! This lawyer that extended a hand of help to me had one time called me to discuss the need for the strike action with me, but rather than criticizing me even for disagreeing with his views, he really understood my plight and he voluntarily sent (even a token), but it showed his magnanimity to the current situation! Therefore, we must all not shy away from the truth that some if not many lawyers (including myself) are financially affected by this strike action! Not telling ourselves this truth is an injustice to those of us affected! We are not jobless or lazy but the strike has impacted on our businesses! Take for instance, I run over 90% of litigation practices both in civil and criminal practices! I do not depend on appearance fee alone contrary to what some wicked colleagues sarcastically held that litigation lawyers depend on ‘appearance fee’! but now, no fee can be paid by litigants (and I do not cheat my clients to earn my living) because litigants are also affected and so would not pay any fee this time, hence, no business, no income!

Finally, it is my humble appeal without prejudice to my support for the financial autonomy of the judiciary, that JUSUN should suspend this strike action in the interest of justice for litigants and litigation lawyers have almost become unable to bear the impacts of the strike action! Also, there is no how this strike has affected the Governors of States that have refused to comply with the financial autonomy of the judiciary and only the litigants and the litigation lawyers have become the sacrificial lamb! Furthermore, I humbly request the wealthy lawyers to help the vulnerable colleagues whose economy/business has been affected by this strike action in the interest of justice! I as a legal practitioner cannot be quiet to continue to suffer and approach the public to smile as if I am not affected economically! Yes! I am affected and my business has been affected! I am not lazy and jobless! I wish to work and earn some income to shoulder my necessary financial obligations! I cannot run out of this legal profession because it is my aspiration and unending passion! I do not earn salary or allowances except from my legal practice which is mainly on litigation practices! In God (Almighty) I trust! The truth must be told!

Email: hameed_ajibola@yahoo.com