*Says Autonomy Of Judiciary Means Funds Of The Judiciary Are To Go To Heads Of Courts
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An Uyo based lawyer, Ekemini Udim, and a publisher of You & Law has faulted the Governor of Rivers State, His Excellency Nyesom Wike on his response to the Lawyers who were on a solidarity visit in support of Judiciary Union Staff of Nigeria (JUSUN) demanding for the implementation of Financial Autonomy for the State Judiciary at Government House in Port Harcourt yesterday.
The solidarity visit was in response to the directive issued by the Nigerian Bar Association (NBA) President Mr. Olumide Apkata to all branches of the Association to visit their State and demand for the implementation of Financial Autonomy for State Judiciary.
Mr. Udim Esq. expressed that he watched a video of the Governor lampooning protesting Lawyers in River State for joining in solidarity with JUSUN in the quest for judicial autonomy.
He noted that the Governor queried why members of JUSUN in Rivers State were on strike when he (the Governor) is already giving to the judiciary what is due to it. Which shows that he has granted autonomy to the judiciary in Rivers State.
“We have in the recent past watched Governor Wike cutting ribbons to donate vehicles to Judges. We have also watched him commission courts. These perhaps may be the reason why Governor Wike is saying that there is autonomy for the judiciary in River State, courtesy of his Government“.
Mr. Udim Esq. expressed that the Governor’s interpretation of autonomy for the judiciary is (with the greatest respect to him) faulty. Stating that his interpretation runs contrary to what the Constitution says on the subject.
“As a matter of fact, the payment of the Judiciary’s money to the Governor and further disbursement of same to the Rivers State Judiciary is a violation of the Constitution“.
Mr. Udim Esq. while sighting relevant sections of the Constitution emphatically asked, what does the Constitution Say?
- 162(9) of the 1999 Constitution provides thus:
“Any amount standing to the credit of tbe Judiciary in the Federation Account SHALL be paid DIRECTLY to the National Judicial Council for disbursement to the Heads of Courts established for the Federation and the States under section 6 of this Constitution.”
He further pointed out that Governor Nyesom Wike is neither the National Judicial Council nor the Head of any court established by the Constitution. While stating that the Governor is not entitled to receive funds belonging to the Judiciary, stressed that the funds should be paid directly to the courts as mandated by the supreme law of the land. That is when it can be said that there is financial autonomy for the judicial arm of Government.
The lawyer further said that the Autonomy which JUSUN seeks is not autonomy through handouts or autonomy at the mercy of the Governor. Stating that it is an Autonomy donated by the Constitution.
“It is a pure issue of law. Nothing more, nothing less“.
Mr. Udim Esq. further submits that Governor Wike’s interpretation of autonomy for the judiciary is therefore not in accordance with the spirit and letters of the Constitution.
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