*As Reps Task Governors To Stop Impunity
![image](/2020/10/lawreport.jpg")
The Judiciary Staff Union of Nigeria (JUSUN) on Wednesday vowed
to continue the ongoing nationwide strike until all the demand on
financial autonomy for Judiciary is implemented by all the 36 State
Governments.
![image](/2021/01/payne-alex.jpg")
This is just as members of the House of Representatives
Committee on Judiciary, chaired by Hon Onofiok Luke who converged
at the interactive session with JUSUN officials held at the
National Assembly complex, Abuja, frowned at the flagrant breach of
the provisions of the 1999 Constitution (as amended) by State
actors.
In his address, Hon Luke who expressed solidarity with the
striking workers assured that the Parliament will not renege in its
responsibility towards the realization of the Judiciary’s financial
autonomy which will invariably impact the workers’ welfare and
judicial officers.
He however urged the striking workers to shift the battle to the
sub-national level, specifically to those states that have not
complied with the established processes of financial autonomy.
“The correctional centres are congested right now. It is a
source of worry because of the strike because Courts are not
operating. Our police stations and police cells are overcrowded and
it should not be in this time of the pandemic.”
In his presentation, JUSUN Deputy National President, Emmanuel
Abioye who affirmed that Federal Government has complied on the
financial autonomy for the Judiciary, however, argued that all 36
States are still in default, hence underscored the need to uphold
the rule of law.
“We started agitating for financial autonomy of the judiciary
for a very long time. 1999 was a time that the Constitution of this
Federal Government was enacted and since that time till now the
provision of the Constitution that guarantees financial autonomy
which by implication is the independence of the judiciary has not
been implemented and we wonder why it is so.
“Initially, why we were puzzled that that was not implemented,
we went to Court before 2014 and we were in Court for some time and
graciously we got judgment in 2014 and we have defeated the
Attorney General, Accountant General and the Governors of all the
States of the Federation.
“So we got the judgment and since that time till now the
judgment has not been executed. Recall that we went on strike that
is avoidable also in 2015 for a similar reason. Where there is no
rule of law.
“We don’t know why it is difficult to implement the financial
autonomy of the judiciary as guaranteed by section 121 sub-section
3 of the Nigerian constitution 1999 as amended, Section 81 sub 3 of
the same constitution and section 162 sub 9 of the
Constitution.
“Without even looking at the situation that okay, the judiciary
has been known and tagged as the hope of the common man. If the
judiciary is not free and it does not have hope, it cannot give
hope to anybody. I am happy you said this house is the house of the
common man. It gladdens my heart. So our agitation is not only for
us alone but for the thing to be done properly as it is supposed to
be.
“The judgment if the Court indicates that we are not clear about
what the provision is all about. The judgment is very clear. We
cannot be suffering and smiling. We are sorry. We don’t want to
sound arrogant and rude and we are trying to control our emotions
at this time. Many of our members have lost their lives in the
course of all these agitations that is not necessary if everything
has gone normal; if the constituted authority had done the right
thing. The agitation is based mainly on the implementation of
financial autonomy which is long overdue.
“We had earlier notice to the appropriate authority to do
something but it looks as if we are not being taken seriously. It
is avoidable. We are not happy going on strike, but you can use
your position to appeal to the right place that they should comply
with the provision of the Constitution.”
In his contribution, JUSUN National Assistant Secretary, Comrade
Saidu Adamu members of the delegation called for the amendment of
the 1999 Constitution with a view to empower National Assembly to
remove any erring State Governors who breach any provisions of the
country’s ground norm, adding that why should someone voted
into.
He maintained that strike remains the only language understood
by the State Governors, adding that the subnational governments
were carried along before the proclamation on the Executive Order
but only opposed to the deduction from source by the Accountant
General of the Federation.
“It is very painful to say that a country of over 206 million
people, do not have a viable judiciary, so what is the basis of all
we are doing?
“If you visit some States, visit some Courts in the Local
Government Areas, some of the courts are leaking. The work
environment is so bad. You will not believe that those areas are
part of this country. There is a need for us to do something. There
is a need for this country to wake up.”
In his Intervention, Hon. Shaba Ibrahim (APC-Kogi) stressed that
the Governors who are the centre of the crisis enjoy immunity that
encourages impunity are insulated from the fallout of the
nationwide strike.
“My solidarity is not unconnected with the fact that we have had
many provisions of the constitution that is being obeyed today in
the breach which is unacceptable to any law-abiding citizen of this
country.”
He however urged the Union to direct the protest to “those who
are in breach because the culture of impunity in this country stems
from the fact that when the punishment comes, everybody serves it
so you ask why you should comply.”
He observed that the “federal courts can join in the action by
pressuring the respective states that are in breach so that
collectively we can get them to do the right thing.
“Unfortunately, when things like this happen, it is the ordinary
man that suffers. None of those who have refused to implement these
provisions is caught by the effect of your action. It is the
awaiting trials inmates, those who want to have their rights
determined one way or the other that are suffering it.
“None of the governors are suffering it. They have immunity that
has led to impunity in some cases. Mine would be an appeal so we
don’t lump everybody together. The moment you have a society where
you don’t have a standard measure of reward and punishment it is
too bad.”
In his ruling, Chairman, House Committee on Judiciary, Hon
Onofiok Luke noted that the 9th Assembly knows where the problem is
and will not shy away from addressing the issues headlong.
He, therefore, appealed to the Nigeria Governors’ Forum (NGF) on
the need to put the country first by complying with the provisions
of the Constitution on financial autonomy for both Legislative and
Judicial arms of Government.
Hon. Luke who maintained that “nobody is above the law,”
expressed grave concern over the support exhibited for financial
autonomy for Legislature by some serving Senators vehemently
opposed the initiative while serving as State Governors during the
last Constitutional amendment.
*As Reps Task Governors To Stop Impunity
The Judiciary Staff Union of Nigeria (JUSUN) on Wednesday vowed
to continue the ongoing nationwide strike until all the demand on
financial autonomy for Judiciary is implemented by all the 36 State
Governments.
This is just as members of the House of Representatives
Committee on Judiciary, chaired by Hon Onofiok Luke who converged
at the interactive session with JUSUN officials held at the
National Assembly complex, Abuja, frowned at the flagrant breach of
the provisions of the 1999 Constitution (as amended) by State
actors.
In his address, Hon Luke who expressed solidarity with the
striking workers assured that the Parliament will not renege in its
responsibility towards the realization of the Judiciary’s financial
autonomy which will invariably impact the workers’ welfare and
judicial officers.
He however urged the striking workers to shift the battle to the
sub-national level, specifically to those states that have not
complied with the established processes of financial autonomy.
“The correctional centres are congested right now. It is a
source of worry because of the strike because Courts are not
operating. Our police stations and police cells are overcrowded and
it should not be in this time of the pandemic.”
In his presentation, JUSUN Deputy National President, Emmanuel
Abioye who affirmed that Federal Government has complied on the
financial autonomy for the Judiciary, however, argued that all 36
States are still in default, hence underscored the need to uphold
the rule of law.
“We started agitating for financial autonomy of the judiciary
for a very long time. 1999 was a time that the Constitution of this
Federal Government was enacted and since that time till now the
provision of the Constitution that guarantees financial autonomy
which by implication is the independence of the judiciary has not
been implemented and we wonder why it is so.
“Initially, why we were puzzled that that was not implemented,
we went to Court before 2014 and we were in Court for some time and
graciously we got judgment in 2014 and we have defeated the
Attorney General, Accountant General and the Governors of all the
States of the Federation.
“So we got the judgment and since that time till now the
judgment has not been executed. Recall that we went on strike that
is avoidable also in 2015 for a similar reason. Where there is no
rule of law.
“We don’t know why it is difficult to implement the financial
autonomy of the judiciary as guaranteed by section 121 sub-section
3 of the Nigerian constitution 1999 as amended, Section 81 sub 3 of
the same constitution and section 162 sub 9 of the
Constitution.
“Without even looking at the situation that okay, the judiciary
has been known and tagged as the hope of the common man. If the
judiciary is not free and it does not have hope, it cannot give
hope to anybody. I am happy you said this house is the house of the
common man. It gladdens my heart. So our agitation is not only for
us alone but for the thing to be done properly as it is supposed to
be.
“The judgment if the Court indicates that we are not clear about
what the provision is all about. The judgment is very clear. We
cannot be suffering and smiling. We are sorry. We don’t want to
sound arrogant and rude and we are trying to control our emotions
at this time. Many of our members have lost their lives in the
course of all these agitations that is not necessary if everything
has gone normal; if the constituted authority had done the right
thing. The agitation is based mainly on the implementation of
financial autonomy which is long overdue.
“We had earlier notice to the appropriate authority to do
something but it looks as if we are not being taken seriously. It
is avoidable. We are not happy going on strike, but you can use
your position to appeal to the right place that they should comply
with the provision of the Constitution.”
In his contribution, JUSUN National Assistant Secretary, Comrade
Saidu Adamu members of the delegation called for the amendment of
the 1999 Constitution with a view to empower National Assembly to
remove any erring State Governors who breach any provisions of the
country’s ground norm, adding that why should someone voted
into.
He maintained that strike remains the only language understood
by the State Governors, adding that the subnational governments
were carried along before the proclamation on the Executive Order
but only opposed to the deduction from source by the Accountant
General of the Federation.
“It is very painful to say that a country of over 206 million
people, do not have a viable judiciary, so what is the basis of all
we are doing?
“If you visit some States, visit some Courts in the Local
Government Areas, some of the courts are leaking. The work
environment is so bad. You will not believe that those areas are
part of this country. There is a need for us to do something. There
is a need for this country to wake up.”
In his Intervention, Hon. Shaba Ibrahim (APC-Kogi) stressed that
the Governors who are the centre of the crisis enjoy immunity that
encourages impunity are insulated from the fallout of the
nationwide strike.
“My solidarity is not unconnected with the fact that we have had
many provisions of the constitution that is being obeyed today in
the breach which is unacceptable to any law-abiding citizen of this
country.”
He however urged the Union to direct the protest to “those who
are in breach because the culture of impunity in this country stems
from the fact that when the punishment comes, everybody serves it
so you ask why you should comply.”
He observed that the “federal courts can join in the action by
pressuring the respective states that are in breach so that
collectively we can get them to do the right thing.
“Unfortunately, when things like this happen, it is the ordinary
man that suffers. None of those who have refused to implement these
provisions is caught by the effect of your action. It is the
awaiting trials inmates, those who want to have their rights
determined one way or the other that are suffering it.
“None of the governors are suffering it. They have immunity that
has led to impunity in some cases. Mine would be an appeal so we
don’t lump everybody together. The moment you have a society where
you don’t have a standard measure of reward and punishment it is
too bad.”
In his ruling, Chairman, House Committee on Judiciary, Hon
Onofiok Luke noted that the 9th Assembly knows where the problem is
and will not shy away from addressing the issues headlong.
He, therefore, appealed to the Nigeria Governors’ Forum (NGF) on
the need to put the country first by complying with the provisions
of the Constitution on financial autonomy for both Legislative and
Judicial arms of Government.
Hon. Luke who maintained that “nobody is above the law,”
expressed grave concern over the support exhibited for financial
autonomy for Legislature by some serving Senators vehemently
opposed the initiative while serving as State Governors during the
last Constitutional amendment.