The LOAN Work To Rule And Matters Arising By Justin Gbagir Esq.

Introduction

Law Officers Association of Nigerian (LOAN), Benue State Chapter, have embarked on a work to rule action since September, 2017 following the failure of the Benue State Government to meet their demands which are to wit:

1. Payment of salary arrears of Eighteen (18) months of CONJUSS and
2. Payment of Robe Allowances of 2013, 2014 and 2017.

On 10^th January, 2017, a meeting was held with the management of the Ministry of Justice which comprises of the, the Commissioner for Justice of Benue State and Attorney General, Permanent Secretary/Solicitor General and Directors. At the meeting the management appeal that the work to rule should be suspended as demand No. 1 above has already been captured in the Payment Voucher and that when salaries are paid same would be paid to LOAN members.

In the spirit of compromise and finding an amicable solution the general congress of LOAN waived demand No. 2 above and insisted that unless the arrears are paid and members get a credit alert, the work to rule would not be suspended. The appeal of the management was therefore rejected by a majority of the congress when the matter was put to vote. Thus, the work to rule continued.

However, on the 13^th of January, 2017 a group of lawyers who are also LOAN members (declaring themselves the Interim LOAN Exco) and would also benefit from the demands of LOAN, in company of the NBA Makurdi Chairman, held a meeting and subsequently issued a notice stating that the work to rule by LOAN had been suspended. The same notice was aired on Radio Benue and notices issue to courts and other relevant stake holders.

A disclaimer was subsequently issued by the legitimate LOAN disaffirming the purported suspension of the work to rule notice issued and signed by the impersonators viz; E. T. C. Akula Esq and M. D. Steve Esq. claiming to be the Chairman and Secretary of the Interim LOAN, respectively.

Pains and Disappointment

My disappointment is informed by 3 factors:

1. The effect of the LOAN action on the Justice sector in the state.
2. Lack of commitment by the government to resolve the issues amicably.
3. The role of the Nigerian Bar Association (NBA) Makurdi chapter, in resolving the issue.

On the first issue, it is common knowledge that the LOAN work to rule in the past months has affected justice delivery both in criminal trials and civil matters involving the State government. It will therefore be in the interest of all stakeholders for the matter to be resolved.

That brings us to the second issue. I wish to state categorically that government is not committed towards amicable resolution of this matter. It is to be noted that the services rendered by the Ministry of Justice (MOJ) falls within one of the essential services of the State. The commitment of government to the justice sector can be appreciated after a look at the State budget.

The budgetary allocation for MOJ from 2015 to 2018 is as follows:

2015

1. Salary N203,557,000
2. Overhead N153,300,000
3. Capital projects: N90,000,000

2016

1. Salary N200,557,070
2. Overhead N147,100,000
3. Capital Projects N218,000,000

2017

1. Salary N200,557,070
2. Overhead N147,100,000
3. Capital Projects N205,000,000

2018 Proposed Budget

1. Salary N216,717,741
2. Overhead N239,720,096
3. Capital Projects N195,500,000

For an important ministry like MOJ to be receiving this kind of budgetary allocations to satisfy its recurrent and capital expenditures is worrisome. Suffice to state that these figures above are the approved estimates. The releases are much lower than the estimates.

For instance, in 2016, N81,367,367 was expended on salaries. N113,435,160.33 was expended on overhead. Amount expended on overhead was even more than the amount expended on salaries in 2016. No amount was expended on capital projects.

In 2017, N102,931,705 was expended on salaries why N123,775,220 was expended on overheads. Again, the amount expended on overhead was more than the amount expended on salaries while nothing was expended on capital projects.

It is to be noted that in 2016 and 2017, MOJ under its overhead subhead expended N101,279,000 and N117,586,988 for Consulting and Professional Services.

I make bold to say without any fear of contradiction that a government that is committed to addressing the problems of LOAN could have at least done something within the available resources.

The third and the last issue is the role of NBA in the matter. Our colleagues in the Ministry are part of us and I think their problems affect us in one way or the other. In matters like this, where our colleagues are demanding what rightly belongs to them, I expect the NBA to pitch tent with our colleagues instead of a role of a traitor as in the instant case. The unfortunate and shameful incidence of the NBA chairman deliberating with the so called Interim LOAN Exco and then making a radio announcement purportedly suspending the work to rule and the NBA chairman commending the action is worrisome. This can probably be described as conduct unbecoming of legal practitioners.

As a professional body, the NBA should be seen to be setting a good precedence for others to follow. It is on this note that I wish to categorically condemn the conduct of those who tried to short change LOAN by creating an Interim Exco

For our colleagues who are been used, be mindful that as colleagues, we have a long way to go.  I hope that NBA leadership in our branch would do the needful to ensure that this broad day rape on our common sensitivities does not stand. Anything short of this will be an invitation to chaos not only in LOAN but NBA at large.

The Benue State 2016, 2017 and 2018 proposed budgets which show that in 2016, the MOJ expended N101,279,000 on what they called “Consulting and Professional Services”. Same year, only N81,367,367 was expended on salaries.

In 2017, N117,586,988 was again expended on the same “Consulting and Professional Services”. Only N102,931,705 was expended on salaries.

As earlier stated the issues been complained about by LOAN that has led to the prolonged Work to Rule are two:

1.      3 Years Robe Allowances-N28 Million.
2.      Arrears of Harmonized Salaries from 2015:N46 Million.
3. Total: N74 Million

It means that the Ministry had N218,865,988 to pay for “Consulting and Professional Services”  in two years but do not have N74 Million to pay Robe Allowances and Arrears of Harmonized Salaries from 2015 of N28 Million and N46 Million respectively.

To add salt to injury, the management of MOJ has resorted to divide and rule tactics to resolve the problem. What offence did LOAN commit in demanding for their legitimate entitlements?

Apart from the above, it should also be noted that the working conditions in the MOJ are not ideal. This was reported by The Nigeria Lawyer some time in 2016. See: “The Deplorable State Of The Benue State Ministry Of Justice” available at https://thenigerialawyer.com/the-deplorable-state-of-the-benue-state-ministry-of-justice/.

Since then some little renovation has been done on some of the buildings at the headquarters in Makurdi, but nothing has been done at the area offices. The inadequacy of office supplies like stationeries, file jackets, photocopiers, typists still remain till today even at the headquarters and worst at the area offices namely; Gboko, Otukpo and Katsina Ala.

Conclusion

The elders of the Bar in Benue State must intervene in this matter to avoid same from degenerating. The Management of MOJ should tell us why they prefer to spend over N200 Million for “Consulting and Professional Services” in two years but would be denying our colleagues 3 years robe allowance and harmonized/CONJUSS salary allowance totalling N74 Million only.

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