NBA Speaks On The JUSUN Strike, Says It Is Ill-Timed

*Says It Has Reached Out To JUSUN To See The Possibility Of
Reconsidering The Strike
*Blames State Govts For Refusing To Enforce Autonomy Of Judiciary
As Provided By The Nigerian Constitution

The Nigerian Bar Association, NBA, has reacted to the plan of
the Judiciary Staff Union of Nigeria, JUSUN, to embark on strike on
April 6.

NBA, in a statement made available to Nairalaw signed by
its President, Olumide Akpata, said the strike is coming at a wrong
time in that courts are already trying to catch up for the lost
time occasioned by Covid-19 adding that it will have a catastrophic
effect on those who earn a living through the court system

However, the NBA blamed state governments for disregarding the
provisions of the constitution on judicial autonomy which could
have averted the current planned strike.

The Association said it has reached out to JUSUN to see the
possibility of suspending the strike and will update members as
discussions progress

Read the full statement below

PROPOSED STRIKE ACTION BY JUSUN OVER FINANCIAL AUTONOMY
FOR JUDICIARY: STATEMENT OF THE NIGERIAN BAR
ASSOCIATION

The attention of the Nigerian Bar Association (“NBA”) has
been drawn to the proposed strike action by the Judiciary Staff
Union of Nigeria (“JUSUN”), as contained in a notice issued by its
General Secretary, I.M Adetola, dated 1st April 2021. By the said
notice, members of JUSUN across the Federation have been directed
to down tools, effective from Tuesday, 6th April 2021, to press
home JUSUN’s demands for enforcement of financial autonomy in the
Judiciary.

The NBA is deeply worried that despite the clear provisions
of the 1999 Constitution of the Federal Republic of Nigeria (as
altered) which consecrate the autonomy of the Judiciary, the
Executive arm of Government, particularly at the State level, has
customarily refused to comply with the provisions of the
Constitution, which are targeted at safeguarding the independence
of the Judiciary.

The NBA is aware of the judgment of the Federal High Court
of 13th January 2014 which unequivocally confirmed the autonomy of
the Judiciary in line with the spirit and letters of the
Constitution. While that judgment was followed by a Memorandum of
Understanding between JUSUN and relevant stakeholders under which
parties agreed to conscientiously give effect to the judgement of
the Court, that has not been the case for seven years after the
landmark judgment. This situation does not augur well for our
constitutional democracy, as it suggests that members of the
Executive arm of Government, who swore to uphold the
principles of the Constitution, can flout it, with
impunity.

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.

However, as commendable and laudable as the proposed strike
action may be, the NBA is concerned about its timing and the
potentially devastating consequences it would pose 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. But the timing of an action, is as good as the
action itself.

Against the backdrop of the above, the NBA has reached out
to, and is discussing with JUSUN on the prospects of reconsidering
the strike action at this time, and will provide updates as
discussions progress.

OLUMIDE AKPATA
PRESIDENT
5th April 2021

*Says It Has Reached Out To JUSUN To See The Possibility Of
Reconsidering The Strike
*Blames State Govts For Refusing To Enforce Autonomy Of Judiciary
As Provided By The Nigerian Constitution

The Nigerian Bar Association, NBA, has reacted to the plan of
the Judiciary Staff Union of Nigeria, JUSUN, to embark on strike on
April 6.

NBA, in a statement made available to Nairalaw signed by
its President, Olumide Akpata, said the strike is coming at a wrong
time in that courts are already trying to catch up for the lost
time occasioned by Covid-19 adding that it will have a catastrophic
effect on those who earn a living through the court system

However, the NBA blamed state governments for disregarding the
provisions of the constitution on judicial autonomy which could
have averted the current planned strike.

The Association said it has reached out to JUSUN to see the
possibility of suspending the strike and will update members as
discussions progress

Read the full statement below

PROPOSED STRIKE ACTION BY JUSUN OVER FINANCIAL AUTONOMY
FOR JUDICIARY: STATEMENT OF THE NIGERIAN BAR
ASSOCIATION

The attention of the Nigerian Bar Association (“NBA”) has
been drawn to the proposed strike action by the Judiciary Staff
Union of Nigeria (“JUSUN”), as contained in a notice issued by its
General Secretary, I.M Adetola, dated 1st April 2021. By the said
notice, members of JUSUN across the Federation have been directed
to down tools, effective from Tuesday, 6th April 2021, to press
home JUSUN’s demands for enforcement of financial autonomy in the
Judiciary.

The NBA is deeply worried that despite the clear provisions
of the 1999 Constitution of the Federal Republic of Nigeria (as
altered) which consecrate the autonomy of the Judiciary, the
Executive arm of Government, particularly at the State level, has
customarily refused to comply with the provisions of the
Constitution, which are targeted at safeguarding the independence
of the Judiciary.

The NBA is aware of the judgment of the Federal High Court
of 13th January 2014 which unequivocally confirmed the autonomy of
the Judiciary in line with the spirit and letters of the
Constitution. While that judgment was followed by a Memorandum of
Understanding between JUSUN and relevant stakeholders under which
parties agreed to conscientiously give effect to the judgement of
the Court, that has not been the case for seven years after the
landmark judgment. This situation does not augur well for our
constitutional democracy, as it suggests that members of the
Executive arm of Government, who swore to uphold the
principles of the Constitution, can flout it, with
impunity.

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.

However, as commendable and laudable as the proposed strike
action may be, the NBA is concerned about its timing and the
potentially devastating consequences it would pose 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. But the timing of an action, is as good as the
action itself.

Against the backdrop of the above, the NBA has reached out
to, and is discussing with JUSUN on the prospects of reconsidering
the strike action at this time, and will provide updates as
discussions progress.

OLUMIDE AKPATA
PRESIDENT
5th April 2021