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Abuja-based lawyers back pleas for suspension of JUSUN strike
Agency Reporter
Some Abuja-based lawyers have backed the call to the Judiciary Staff Union of Nigeria (JUSUN) to end its ongoing strike.
The judiciary workers are demanding financial autonomy.
The lawyers, who made the call in an interview with the News Agency of Nigeria (NAN) in Abuja, said that JUSUN was right to demand financial autonomy of the judiciary, but a prolonged strike would amount to the victimisation of the wrong party.
A lawyer, Sunday Adetola, said that a prolonged strike would have adverse effect on the justice system.
The legal practitioner further highlighted the visible effects of the sustained strike extension but not limited to the following.
” Erosion of public confidence in the state and jungle justice especially among the frustrated poor masses.
” Suspended judicial assignments which in essence is aptly captured by the cliche: “Justice delayed is justice denied.
” Overstretched detention facilities and palpable apprehension of riots in such facilities,” he said.
Adetola also said that there would be economic set back in view of certain legal documentation that should pass through judicial scrutiny and approval for economic activities to thrive.
He noted that there would be a reduction in the capacity of the security agencies to fight crime generally due to the inability to obtain an arrest warrant, search warrant, and detention order from the court.
” There will be a setback for intestate succession in view of the fact that the Probate Division of the various High Courts in Nigeria are vested with the power to issue Letters of Administration.
” Of significant importance is the point that the court will be overwhelmed with accumulated cases (old and fresh matters) any time the strike is called off.
” It is unbelievable that in a country where about seven of the governors are lawyers such thing is going on with impunity” he added.
Executive Order 10 of 2020, made it mandatory for all states to include the allocations of the legislature and the judiciary in the first-line charge of their budgets.
Speaking to NAN, Umoh Inah, a lawyer described the JUSUN strike as a total frustration and a shutdown of the administration of the criminal justice system.
” Looking at the administration of criminal justice system vis a vis to the constitutional provision, you discover that the rights of citizens is in a total breach.
” The fact that JUSUN is on strike does not mean that the constitutional provision and administration of criminal justice system that protects the interest of humanity should not be adhered to.
” The court should not be the final determining point when there is a criminal allegation against somebody waiting to be arraigned for the court to determine his bail in a situation like this.
” Looking at the provisions of the Administration of Criminal Justice Act ( ACJA), there are clause that give relief administratively and that is the reason the Nigerian police are not expected to detain a suspect beyond 24 hours, if u must, it must be within the concept of a court order.
He further said the doctrine of separation of powers is in respect of the executive, legislative and judiciary autonomy.
” If the executive at the state level can enjoy their financial autonomy why shouldn’t another arm of government enjoy hers too?
” There is no supremacy of an arm of government to the other, it is only the law that is supreme and that law is binding on everybody, ” he said.
Mr Maxwell Okpara, a legal practitioner also told NAN that the strike had affected the entire system saying people’s rights had been violated.
” A lot of people are in detention, property have been evaded and the victims can not go to court for a court order, those who lost their cellphones and sim cards cannot go to court for the affidavit.
” The federal government should direct the federation of fiscal allocation to deduct the money meant for the judiciary from the source.
” Money meant for the judiciary should be given to them directly since the governors refused to obey the court order and refused to comply with the presidential order, ” Okpara said.
Also, Mr Victor Opara of Victor Opara Chambers, Lagos said that the strike has hit the system badly, noting that ‘justice delayed is justice denied’.
“The fact that there has not been any semblance of legal activity that has come on in the past two weeks certainly will impact negatively on the administration of justice.
“Those who have been granted bail just before the strike action, like two of my clients, have not been able to perfect their bail.
“As I speak with you now they are at the correctional centre and the story is replicated at different centres across the country because nothing is going on in courts, particularly when it has to do with litigation’’.
Also Mr Kingsley Akpokona, Principal Partner at O.K. Akpokona and Associates, Abuja, said:” Generally speaking, strike as a means of negotiations and calling the government to order has helped over the years but this particular strike is uncalled for.
“JUSUN is fighting for the financial autonomy of the judiciary which every right-thinking lawyer should actually support.
“However, what they are asking for is beyond the powers of the federal government, the states are autonomous and the federal government cannot force the state to take such decisions.
“Therefore, the proper thing is to engage in dialogue with the state as our justice sector is progressively sliding into the destructive dungeon with no hope in sight for its recovery,’’ he advised.
NAN reports that on April 6, following the JUSUN directive on its members to shut down all courts across the country, members complied with the directive and mounted guard at the entrance of the courts to ensure that no one entered the court premises.
The action has crippled court proceedings as well as commercial activities around the court premises.
READ ALSO: Beyond JUSUN strike
NAN reports that a verdict of the Federal High Court in Nigeria’s capital, Abuja, had in January 2014, held that financial autonomy for the judiciary is a constitutional provision that must be complied with by the executive branch of government.
NAN reports that on May 23, President Muhammadu Buhari signed into law the Executive Order to grant financial autonomy to the legislature and the judiciary across the 36 states of the country.
The order also mandates the accountant-general of the federation to deduct from source amount due to state legislatures and judiciaries from the monthly allocation to each state for states that refuse to grant such autonomy.
The Minister of Justice, Abubakar Malami, the Executive Order No. 10 of 2020, made it mandatory that all states of the federation should include the allocations of both the legislature and the judiciary in the first-line charge of their budgets.
According to the AGF, “a Presidential Implementation Committee was constituted to fashion out strategies and modalities for the implementation of financial autonomy for the State Legislature and State Judiciary in compliance with section 121(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended).”
NAN reports that the Nigeria Governors Forum (NGF) on Thursday said they will start implementing financial autonomy for the judiciary latest by May ending, a pledge that indicates that an end to the ongoing strike that has crippled the nation’s judiciary may be in sight.
The governors also called on striking members of the Judiciary Staff Union of Nigeria (JUSUN) to call off their two weeks old strike.
The chairman of the NGF, Gov. Kayode Fayemi of Ekiti, gave this assurance in an interview with journalists after meeting with ‘stakeholders’ from the state judiciary and legislature at the Presidential Villa in Abuja.
He said the modalities for the implementation were worked out at the meeting held at the Presidential Villa.
According to him, the meeting, chaired by the Chief of Staff to President Buhari, Ibrahim Gambari, was attended by the Solicitor-General of the Federation, the representatives of the judiciary, the representatives of the Conference of Speakers, and House of Representatives.
