*Urges Him To Swiftly Implement The Constitutional Provision On Financial Autonomy Of The Judiciary.
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The Nigerian Bar Association (NBA) Makurdi Branch has today met with the Governor of Benue State His Excellency Dr. Samuel Ortom over the lingering strike embarked upon by members of the Judiciary Staff Union of Nigeria.
The meeting was held in response to the directive issued by the NBA president Mr. Olumide Apkata directing all State branch of the NBA to visit their Governors to demand the implementation of Financial Autonomy for the State Judiciary.
The Makurdi Branch Chairman Justin A. Gbagir, Esq. while appreciating the Attorney General of the State for making the meeting with Governor possible, thank Governor Ortom for granting them audience despite his tight schedule.
The Chairman expressed optimism that the Governor as a lover of Democracy and due process will in no time heed the Democratic call of JUSUN in the State by implementing Financial Autonomy for State Judiciary.
Below is the full Press statement
TEXT OF A SPEECH BY THE CHAIRMAN NIGERIAN BAR ASSOCIATION (NBA), MAKURDI BRANCH ON THE OCCASION OF ADVOCACY VISIT TO THE EXECUTIVE GOVERNOR OF BENUE STATE, HIS EXCELLENCY, DR SAMUEL ORTOM REGARDING THE SRIKE ACTION BY JUDICIAL STAFF UNION OF NIGERIA (JUSUN) TO PRESS FOR THE FINANCIAL AUTONOMY OF THE JUDICIARY.
DATED 19TH APRIL, 2021
PROTOCOLS:
- INTRODUCTION:
1.1 I wish to profoundly appreciate His Excellency, Dr Samuel Ortom, for graciously agreeing to meet with us this morning. The request for this meeting was made through the Leader of the Bar, Honourable the Attorney General and Commissioner for Justice, Michael Gusa Esq, on Saturday, 17th April, 2021 vide a phone call at about 8:00am. The request was sequel to the directive from the National President of NBA that “the Chairmen of all the Branches of the NBA are hereby requested to effectively mobilize their members and pay visits to their respective State Governors at the Government Houses on Monday, 19th April, 2021 to press home the demand for implementation of financial autonomy for the judiciary.”
1.2 It is against this background that the Attorney General who was able to secure this meeting this morning despite the tight and crowded schedule of the Governor is also worthy of appreciation. I also wish to use the opportunity to appreciate the members of the NBA Makurdi Branch Elders Council who are able to make it to the meeting despite the short notice. Our various sacrifices and commitment towards this meeting underscores the importance of the meeting and the issues at stake for deliberation, which is the issue of financial independence of the judicial arm of government and the lingering JUSUN strike which has paralyzed judicial activities nation-wide.
2.0 THE JUDICIARY AND THE JUSUN STRIKE
2.1 We are all aware that on the 6th April, 2021, Judicial Staff Union of Nigeria (JUSUN) embarked on strike action to press the demand for the implementation of the financial autonomy of the judicial arm of government. The strike action was considered the last option after several and previous options, including litigation and signing of Memorandum of Understanding.
2.2 Our mission here this morning, Your Excellency, is to request you as the Executive Governor of Benue State to approve and commence the implementation of the financial autonomy of the judicial arm of government in line with the constitutional provisions. According to the Nigerian Bar Association President, Mr. Olumide Akpata in his press release on the 5th April, 2021 regarding the strike action by JUSUN:
“The Judiciary is an equal arm of Government relative to the Executive and the Legislature, and its independence is fundamental to the effective discharge of its mandate under the Constitution. A situation where the Judiciary literally begs for its resources from the Executive arm, as is currently the case across several States, cannot guarantee its independence, and constitutes an affront to the Constitution and the Rule of Law.
The NBA is equally aware 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 imbroglio 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. However, information available to the NBA shows that the State Governors have challenged the Executive Order, citing constitutional infractions.
The NBA 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. To the contrary, it is a simple matter of enforcement by the States as the Federal Government has admirably done in respect of the Judiciary at the Federal level.”
2.3 I have a strong belief that His Excellency who is an ardent supporter and promoter of the Rule of Law and Constitutional Governance would not contradict or differ with the NBA President on his position quoted above?
3.0 THE STATE JUDICIAL ENTITIES AND BUDGETARY ALLOCATIONS
3.1 In Benue State, there are three judicial entities that receive budgetary allocations from the state budget, namely;
- High Court of Justice
- Customary Court of Appeal, and
- Judicial Service Commission
3.2 In the last six years, from 2016 to 2021, summary of allocations to the above state judicial entities is as shown below:
Table 1: Summary of Allocation for the Judicial Entities from 2016 to 2021
| State Judicial Entities | Total Recurrent Expenditure 2016-2021 | Capital Expenditure 2016-2021 | Total Allocation 2016-2021 |
| High Court of Justice | 10,993,490,527 | 1,902,130,000 | 12,806,600,127 |
| Customary Court of Appeal | 1,546,485,809 | 597,017,460 | 2,143,503,269 |
| Judicial Service Commission | 619,595,756 | 470,400,000 | 1,091, 355,756 |
| Total | 13,159,572,092 | 2,546,187,460 | 16,041,459,152 |
Sources:
https://www.mofep.be.gov.ng/viewyearlybudget/2017
https://www.mofep.be.gov.ng/viewyearlybudget/2018
https://www.mofep.be.gov.ng/viewyearlybudget/2019
https://www.mofep.be.gov.ng/viewyearlybudget/2020
https://www.mofep.be.gov.ng/viewyearlybudget/2021
Table 2: High Court of Justice Approved Estimates and Releases from 2016 to 2020
| Year | Approved Personnel Cost | Actual Personnel Cost[1] | Approved Overhead Cost | Actual Overhead Expenditure | Approved Capital Expenditure | Actual Capital Expenditure |
| 2016 | 1,517,147,770 | 439,875,516 | 161,900,000 | 117,330,595.17 | 455,500,000 | 00 |
| 2017 | 1,718,736,577 | 296,,835,120 | 152,152,200 | 101,890,976 | 214,000,000 | 00 |
| 2018 | 1,614,637,585 | 639,282,645 | 196,000,000 | 00 | 214,000,000 | 00 |
| 2019 | 1,924,835,023 | 597,388,415 | 438,400,000 | 80,993,682 | 523,800,000 | 00 |
| 2020 | 1,230,725,921 | 604,076,755 | 382,400,000 | 94,042,889 | 178,960,000 | 00 |
| 2021 | 1,360,705,586 | 196,860,065 | 94,042,889 | 325,870,000 |
Table 3: Customary Court of Appeal Budgetary Allocation from 2016 to 2021
| Year | Approved Personnel Cost | Actual Personnel Cost | Approved Overhead Cost | Actual Overhead Expenditure | Approved Capital Expenditure | Actual Capital Expenditure |
| 2016 | 165,000,000 | 27,922,187 | 63,550,000 | 29,900,00 | 35,000,000 | 00 |
| 2017 | 199,790,007 | 19,766,251 | 95,557,000 | 26,775,126 | 35,000,000 | 00 |
| 2018 | 199,790,007 | 32,927,086 | 104,902,000 | 36,199,960 | 35,000,000 | 5,000,000 |
| 2019 | 184,807,506 | 39,005,258 | 176,021,200 | 29,790,170 | 260,411,000 | 00 |
| 2020 | 121,957,554 | 41,608,001 | 75,519,000 | 32,040,969 | 117,880,000 | 5,640,977 |
| 2021 | 92,400,000 | 67,191,535 | 113,726,460 |
Table 4: Judicial Service Commission Budgetary Allocation from 2016 to 2021
| Year | Approved Personnel Cost | Actual Personnel Cost | Approved Overhead Cost | Actual Overhead Expenditure | Approved Capital Expenditure | Actual Capital Expenditure |
| 2016 | 84,769,460 | 31,986,441.60 | 14,917,500 | 4,282,330 | 60,000,000 | 00 |
| 2017 | 113,684,115 | 16,790,702 | 19,591,380 | 3,485,070 | 60,400,000 | 3,793,500 |
| 2018 | 80,000,000 | 34,588,988 | 19,591,380 | 6,301,335 | 145,000,000 | 00 |
| 2019 | 98,100,000 | 38,200,474 | 25,940,952 | 7,410,780 | 145,000,000 | 00 |
| 2020 | 78,070,000 | 39,537,289 | 18,001,140 | 4,654,490 | 40,000,000 | 00 |
| 2021 | 81,844,973 | 9,774,429 | 20,000,000 |
4.0 A CASE FOR FINANCIAL AUTONOMY FOR THE JUDICIAL ARM OF GOVERNMENT
4.1 Your Excellency could see from the Column ‘Actual Capital Expenditure’ from Table 2, 3 and 4 above that only a paltry sum of N14,434,477 has been cumulatively released to the entire judicial arm of government from 2016 to 2020. The High Court of Justice has not received any Capital Allocation within the Period. Customary Court of Appeal has received 5 Million and 5.64 Million in 2018 and 2020, while the Judicial Service Commission received 3.79 Million in 2017.
4.2 This has occasioned poor state of infrastructure in the judicially. It need to be noted that the infrastructural deficit and lack of modern facilities to enhance the work of our judges makes it practically impossible for the court to function effectively. Observance and implementation of the constitutional provisions on the financial autonomy of the judiciary as a separate arm of government will enhance infrastructural development, provide for better administration of justice, reduce crime and ensure general peace and tranquillity in the nation at large and the state in particular.
4.3 We wish to draw Your Excellency’s attention to the total capital budgetary allocations to the three judicial entities in the 2021 Budget:
- High Court of Justice N325,870,000
- Customary Court of Appeal N113,726,460
- Judicial Service Commission N20,000,000
Total: N459,596,460
4.4 It may surprise Your Excellency that the total Approved Capital Expenditure to the Judicial Arm of Government in the 2021 Budget if put into percentages would show that it is only 6.1% of the 2021 Budget. The 2021 Budget is in the sum of N134,374,766,311. If the figure of N459,596,460 is divided by 12 Months in the year, the judicial arm of government in the state will be getting an average of N38,299,705 only monthly.
4.5 It is our candid and considered opinion that this is not too much for Your Excellency to approve and commence implementation to end the lingering JUSUN strike with its attendant consequences. The strike action which commenced on the 6th April, 2021 has entered its 3rd Week today. The plight of accused persons and congested police cells, plights of inmates awaiting trial in prisons across the nation, and the frustration of litigants is already having devastating effect. The effect of the strike another week of the strike the prison inmates, accused in congested prisons would be better imagined.
4.6 It is our further firm belief that as a listening, God-fearing and progressive Governor, and with the factual materials we have placed before you, you are convinced beyond any reasonable doubt that there is need to approve and commence the implementation of the financial autonomy of the judicial arm of government, and you will take the bold step to approve and ensure the implementation of the constitutional provisions ensuring the independence of the judiciary in the Benue State, and we so urge.
5.0 CONCLUSION:
5.1 I wish to conclude again by lifting from the Press Release of the President of NBA that:
“The JUSUN strike action has come with its devastating consequences for justice administration in the country, particularly coming on the heels of prolonged lull in judicial activities owing to the Covid-19 pandemic and the enforced lockdowns. Across the country, the Courts are trying to play catch-up for lost time, and it would be catastrophic for the administration of justice for the Courts to be shut down again. This is not to mention the adverse economic consequences for families and lawyers alike, who earn a living in one way or the other, by providing various support services to the Court system.
For the avoidance of doubt, the NBA, as a leading stakeholder in the justice sector, and in keeping with its motto of Promoting the Rule of Law is in support of the demands of JUSUN, and has been a constant voice of advocacy towards enthroning judicial autonomy.
5.2 It is our candid belief that Your Excellency will act swiftly to implement the constitutional provisions on financial autonomy of the judiciary in order to end the lingering strike.
Thank you all and God bless.
Long Live Your Excellency, Dr Samuel Ortom, the Executive Governor of Benue State
Long Live the Government of Benue State
Long Live the Federal Republic of Nigeria,
Long Live the Nigerian Bar Association
Justin A. Gbagir, Esq.
Chairman
[1] Note: The actual Expenditures are: 2016: Jan. to June, 2017: Jan to Oct., 2018: Jan. to June, 2019: Jan. to June, 2020: Jan to June
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