Court orders Kogi Gov, others to release judiciary workers’ pay arrears

* Directs CJ, others to commence immediate payment

Succour seems imminent for thousands of unpaid court workers in
Kogi State as the National Industrial Court of Nigerian (NICN) in
Abuja ordered Governor, Yahaya Bello and others to released
forthwith,funds due to the state’s Judiciary, withheld since July
2018.

Justice Edith Agbakoba, in a judgment, also ordered the state’s
Chief Judge and other heads of courts. in the state to immediately
commence payment of salaries, allowances and emoluments owed to
court workers on their receipt of funds from the Executive arm of
government.

The judgment is on a suit marked: NCIN/LKJ/2019 filed by the
Judiciary Staff Union of Nigeria (JUSUN) against the Governor of
Kogi State and eight others.

The others are the Attorney-General, Kogi State, Commissioner
for Finance, Accountant-General, Auditor-General, the Chief Judge,
the Grand Kadi, President, Customary Court of Appeal and the
Judicial Service Commission.

The plaintiff said its members in Kogi State have not been paid
since July 2018 owing to the failure of the state government to
release funds due to the Judiciary from the Consolidated Revenue
Funds of the state, from which salaries and other payments are made
to court workers in the state.

Justice Agbakoba, in the judgment delivered on June 3, 2019, a
copy of which The Nation sighted in Abuja on Sunday, declared as a
violation of sections 121(3) of the Constitution and 5 of the Kogi
State Public Finance (Judiciary Special Provisions) Laws No. 6 of
1991 the failure of the first to fifth defendants to release to
heads of courts funds due to the Judiciary from which the salaries,
allowances and other payments are to be made.

The first to fifth defendants are the Governor, the
Attorney-General, Finance Commissioner, Accountant-General and
Auditor-General.

Justice Agbakoba, who held that the first to fifth lacked the
power to withhold court workers’ salaries and other entitlements
which are payable from any amount standing to the credit of the
Kogi State Judiciary in the Consolidated Revenue Fund of the
state.

The judge, particularly ordered “the 1st – 5th defendants are
hereby directed to pay forthwith, the arrears of salaries,
allowances and emoluments of the members of the claimant from the
N1, 529, 885, 261.92 being eight months accumulated arrears
standing to the credit of the said Judiciary from the Consolidated
Revenue Fund of the State and payable directly to the heads of the
courts from which salaries and emoluments of the members of the
claimant ought to be paid. for the past eight months since July
2018 to February 2019.

“The 1st – 5th defendants whether acting by themselves, their
agents. prlvies or servants, are by a perpetual injunction order of
this court hereby restrained from continuing to withhold the
monthly salaries, allowances and emoluments payable from
subventions or amounts standing to the credit of Kogi State
Judiciary in the Consolidated Revenue Funds of the State and
payable directly to the heads of the courts concerned in line with
the provision of section 121(3) of the Constitution of the Federal
Republic of Nigeria, 1999(as amended).

“By order of this court the defendants are hereby directed to
release the salaries, allowances and emoluments of the members of
the claimant which are paid from subventions or the amount standing
to the credit of the Kogi State Judiciary with effect from July
2018 to each heads of courts, the 6th 9th defendants, as follows:
High Court (N13582 1049.83 (arrears per month); Customary Court
(N26, 310 922.39 arrears per month); Sharia Court (N23,781,827.83
arrears per month); Judicial Service Commission (N5,32 1,807.69
(arrears per month), cumulatively amounting, for the eight months,
a total sum of N1, 529, 885. 261,92 accordingly.

“The 6th to 9th defendants are by an order of this court hereby
directed to commence payment of salaries and emoiuments of the
members of the claimants as Judicial staff upon the receipt of’ the
subventions from the 1st to 5th defendants.”

Listed as the sixth to ninth defendants are the Chief Judge, the
Grand Kadi, the President, Customary Court of Appeal and the
Judicial Service Commission.

“It is hereby declared that payment to the members of the
Claimant by hand by he |st-5th defendants is illegal and offends
the principle of separation of powers as the Executive arm cannot
pay Judicial workers being contrary to the clear provisions of
sections 121(3), 125(23(6) of the Constitution of the Federal
Republic of Nigeria, 1999 (as amended) and therefore, unlawful,
unconstitutional, null and void.

“The 1st-5th defendants are by a perpetual injunction of this
Court hereby restrained from interfering with the mode of payment
of the staff of the Kogi State Judiciary particularly members of
the claimant to collect their salaries by hand from the executive
as it is illegal and breaches the principle of separation of
powers, therefore, is unconstitutional and null and void.”

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