By Hameed Ajibola Jimoh Esq.
![image](/2020/10/lawreport.jpg")
The Judiciary Staff Union of Nigeria-herein after
referred to as JUSUN- had on the 6th day of April,
2021, embarked on an indefinite strike action,
thereby keeping all courts across the nation under lock-and-key.
This action was reported to be necessary as a result of its
agitation for the autonomy of the judiciary. This
strike action has lasted five (5) days as at 10th day of
April, 2021. Some lawyers and some members of
the public have expressed their support for this strike action by
JUSUN. This paper is also in support of the agitations of the JUSUN
for the autonomy of the Judiciary. Nevertheless, this paper appeals
for a review of this indefinite strike action in order not to
undermine the peace and security of this nation as well as her
administration of justice system, hence, this paper considers some
of the implications and consequences of the shutting down of courts
by JUSUN as a show of its grievances against alleged care-free
attitude of the States’ Governors in ensuring autonomy of the
Judiciary.
![image](/2021/01/payne-alex.jpg")
First of all, when courts are shut-down as it is in this strike
action, it has the implication of suspending fundamental rights of
Nigerian citizens. This is really a great danger! When courts are
shut and human rights of citizens and access to courts are
suspended, it would encourage more vices and abuse of human rights
either by some government’s law enforcement and security agencies
or by some individuals in societies. The aftermath of this is that
the less privileged and the oppressed and the vulnerable would seek
self-help since they could not access a court of law to ventilate
their anger and to seek redress in the court of law. Furthermore,
due to the existence and free access of right of citizens to access
court of law, there has been a drastic reduction in the cases of
self-help even by aggrieved landlords. The era of supernatural
vengeance and revenge (or to say by recourse to ‘Juju’
or diabolical means) are almost forgone! My fear is
that if care is not taken, and by the strike action, citizens lose
trust and confidence in the courts as a result of delay in seeking
and getting justice, there might be a reduction in complaints made
to courts of law and a high number of cases of self-help in the
Nigerian civil societies and recourse to African
Magics! Also, Nigeria is experiencing a number of
cases of prison/jail-break in some States of the Federation and
setting police stations on fire (the police stations that are to
provide security for the residents of their communities)! Shutting
courts is likely to add to these pending cases where citizens are
allowed to believe that there is no justice for them in the court
of law except unending litigation! Furthermore, the hopes and
aspirations for freedom and or justice of some of the inmates and
awaiting trial persons standing trials at various courts across the
Federation are put to doubt and thereby raising lack of confidence
in the administration of justice system! There are many persons
standing trials for criminal charges in various courts across the
Federation who must have been affected by the JUSUN’s strike. Some
have been undergoing trials for some years now with the hope that
their court trials would soon end! They would definitely have to
seek adjournment at the resumption of courts’ sittings after the
end of the strike action. Definitely they are likely to get long
adjournment at the resumption of courts. Also, this strike action
would definitely cause and or encourage and or justify a long
detention of suspects by the law enforcement and security agencies
of government (whether on a genuine or non-genuine suspicion of
having committed any crime) beyond the constitutionally mandated
time of either 24 hours or 48 hours as may be determined by the
radius to court. So, courts should not be shut for whatever
reasons, strike inclusive!
Furthermore, the strike action would lead to suspension of
lawful businesses for litigation lawyers. There is another danger
which is sending litigation lawyers out of business and profession!
Who would then defend litigants at the end of the day?! Litigants
should not be made to lose hopes in the courts as ‘the
last hope of the common man’! This JUSUN strike
action is really unexpected by litigation lawyers having regard to
the hardship incurred during the ongoing lockdown as a result of
the impacts of the Covid-19 pandemic and the #endsars agitation! At
the end of the month (notwithstanding the strike action) JUSUN
members across the courts would still be paid their salaries and
allowances as well as other entitlements but litigation lawyers
would get nothing so far they do not work (because they are private
legal practitioners specialized in litigation practices)! Should
JUSUN not be bothered about the impacts of the strike action on
these vulnerable litigation lawyers?! I say ‘YES’! My capital ‘YES’
is on the ground of the principle of ‘espirit de
corps’- as solidarity for comrades at the
bar! This is also because among those litigation
lawyers are human rights activists who are comrades on the path of
which JUSUN is! So, the spirit of solidarity preaches
‘brotherhood’, hence, the need for JUSUN
to review its indefinite strike action and to call off same at this
instance because many litigation lawyers would have been going
through un-told financial hardship as a result of the strike action
which has lasted almost a week since its commencement! More so, the
Nigerian Bar Association is also an association of like-mind as
that of JUSUN! So, JUSUN could liaise with the NBA in solidarity
and finding lasting solutions to achieving the desire necessitating
the strike action! More so too, the strike action would only make
innocent citizens and litigation lawyers to suffer and not the
executives who JUSUN has intended by its strike action!
Also, all the above are apart from the millions and or billions
of currencies that litigants would have lost especially those in
the commercial sectors that require courts of law for one thing or
the other!
Furthermore and on a final note, when courts are shut, it
amounts to invitation of anarchy and lawlessness in Nigeria! The
approach to destruction ‘if I cannot get what I desire,
let everything be destroyed!’ pays no one including
the JUSUN and its members! Where would we all migrate to where we
destroy our own country and or her administration of justice for
injustice to pervade the entire nation?! Nowhere! Therefore, JUSUN
must use wisdom in achieving its end-desires! We as
lawyers (especially those of us as litigation lawyers and human
rights activists) are indeed in support of JUSUN’s cause for
autonomy for the judiciary! Nevertheless, we humbly
call on JUSUN to review its modes of operation towards achieving
its desired- goal by its strike action (if not to halt and or
call-off the strike action) with immediate effect in the interest
of justice and not destroying the Nigeria’s administration of
justice system caused by the lack of interest of the States’
Governors in complying with and ensuring autonomy of the judiciary!
I have also observed that the Federal Judiciary ought
not to be affected by the strike action since the President of the
Federation has always maintained autonomy of the
Judiciary!
God bless the Federal Republic of
Nigeria!
E-mail: hameed_ajibola@yahoo.com[1]
By Hameed Ajibola Jimoh Esq.
The Judiciary Staff Union of Nigeria-herein after
referred to as JUSUN- had on the 6th day of April,
2021, embarked on an indefinite strike action,
thereby keeping all courts across the nation under lock-and-key.
This action was reported to be necessary as a result of its
agitation for the autonomy of the judiciary. This
strike action has lasted five (5) days as at 10th day of
April, 2021. Some lawyers and some members of
the public have expressed their support for this strike action by
JUSUN. This paper is also in support of the agitations of the JUSUN
for the autonomy of the Judiciary. Nevertheless, this paper appeals
for a review of this indefinite strike action in order not to
undermine the peace and security of this nation as well as her
administration of justice system, hence, this paper considers some
of the implications and consequences of the shutting down of courts
by JUSUN as a show of its grievances against alleged care-free
attitude of the States’ Governors in ensuring autonomy of the
Judiciary.
First of all, when courts are shut-down as it is in this strike
action, it has the implication of suspending fundamental rights of
Nigerian citizens. This is really a great danger! When courts are
shut and human rights of citizens and access to courts are
suspended, it would encourage more vices and abuse of human rights
either by some government’s law enforcement and security agencies
or by some individuals in societies. The aftermath of this is that
the less privileged and the oppressed and the vulnerable would seek
self-help since they could not access a court of law to ventilate
their anger and to seek redress in the court of law. Furthermore,
due to the existence and free access of right of citizens to access
court of law, there has been a drastic reduction in the cases of
self-help even by aggrieved landlords. The era of supernatural
vengeance and revenge (or to say by recourse to ‘Juju’
or diabolical means) are almost forgone! My fear is
that if care is not taken, and by the strike action, citizens lose
trust and confidence in the courts as a result of delay in seeking
and getting justice, there might be a reduction in complaints made
to courts of law and a high number of cases of self-help in the
Nigerian civil societies and recourse to African
Magics! Also, Nigeria is experiencing a number of
cases of prison/jail-break in some States of the Federation and
setting police stations on fire (the police stations that are to
provide security for the residents of their communities)! Shutting
courts is likely to add to these pending cases where citizens are
allowed to believe that there is no justice for them in the court
of law except unending litigation! Furthermore, the hopes and
aspirations for freedom and or justice of some of the inmates and
awaiting trial persons standing trials at various courts across the
Federation are put to doubt and thereby raising lack of confidence
in the administration of justice system! There are many persons
standing trials for criminal charges in various courts across the
Federation who must have been affected by the JUSUN’s strike. Some
have been undergoing trials for some years now with the hope that
their court trials would soon end! They would definitely have to
seek adjournment at the resumption of courts’ sittings after the
end of the strike action. Definitely they are likely to get long
adjournment at the resumption of courts. Also, this strike action
would definitely cause and or encourage and or justify a long
detention of suspects by the law enforcement and security agencies
of government (whether on a genuine or non-genuine suspicion of
having committed any crime) beyond the constitutionally mandated
time of either 24 hours or 48 hours as may be determined by the
radius to court. So, courts should not be shut for whatever
reasons, strike inclusive!
Furthermore, the strike action would lead to suspension of
lawful businesses for litigation lawyers. There is another danger
which is sending litigation lawyers out of business and profession!
Who would then defend litigants at the end of the day?! Litigants
should not be made to lose hopes in the courts as ‘the
last hope of the common man’! This JUSUN strike
action is really unexpected by litigation lawyers having regard to
the hardship incurred during the ongoing lockdown as a result of
the impacts of the Covid-19 pandemic and the #endsars agitation! At
the end of the month (notwithstanding the strike action) JUSUN
members across the courts would still be paid their salaries and
allowances as well as other entitlements but litigation lawyers
would get nothing so far they do not work (because they are private
legal practitioners specialized in litigation practices)! Should
JUSUN not be bothered about the impacts of the strike action on
these vulnerable litigation lawyers?! I say ‘YES’! My capital ‘YES’
is on the ground of the principle of ‘espirit de
corps’- as solidarity for comrades at the
bar! This is also because among those litigation
lawyers are human rights activists who are comrades on the path of
which JUSUN is! So, the spirit of solidarity preaches
‘brotherhood’, hence, the need for JUSUN
to review its indefinite strike action and to call off same at this
instance because many litigation lawyers would have been going
through un-told financial hardship as a result of the strike action
which has lasted almost a week since its commencement! More so, the
Nigerian Bar Association is also an association of like-mind as
that of JUSUN! So, JUSUN could liaise with the NBA in solidarity
and finding lasting solutions to achieving the desire necessitating
the strike action! More so too, the strike action would only make
innocent citizens and litigation lawyers to suffer and not the
executives who JUSUN has intended by its strike action!
Also, all the above are apart from the millions and or billions
of currencies that litigants would have lost especially those in
the commercial sectors that require courts of law for one thing or
the other!
Furthermore and on a final note, when courts are shut, it
amounts to invitation of anarchy and lawlessness in Nigeria! The
approach to destruction ‘if I cannot get what I desire,
let everything be destroyed!’ pays no one including
the JUSUN and its members! Where would we all migrate to where we
destroy our own country and or her administration of justice for
injustice to pervade the entire nation?! Nowhere! Therefore, JUSUN
must use wisdom in achieving its end-desires! We as
lawyers (especially those of us as litigation lawyers and human
rights activists) are indeed in support of JUSUN’s cause for
autonomy for the judiciary! Nevertheless, we humbly
call on JUSUN to review its modes of operation towards achieving
its desired- goal by its strike action (if not to halt and or
call-off the strike action) with immediate effect in the interest
of justice and not destroying the Nigeria’s administration of
justice system caused by the lack of interest of the States’
Governors in complying with and ensuring autonomy of the judiciary!
I have also observed that the Federal Judiciary ought
not to be affected by the strike action since the President of the
Federation has always maintained autonomy of the
Judiciary!
God bless the Federal Republic of
Nigeria!
E-mail: hameed_ajibola@yahoo.com[1]