JUSUN’s Indefinite Strike Against Federal Courts: Law Enforcement Agencies Are Justified In Law And Equity To Unlock Federal Courts And Give Access To Courts’ Users!

By Hameed Ajibola Jimoh Esq.

The compelled indefinite strike action by the Judiciary’s Staff
Union of Nigeria (JUSUN) has been over a week now and there seems
no result at suspending the strike action despite all appeals by
government’s authorities, the Nigerian Bar Association and members
of the public to suspend its strike action, though, all are in its
support for the autonomy of the judiciary. Nevertheless, it is
clear that JUSUN has no allegation of violation of the autonomy
mantra against the Federal Government of Nigeria and the Federal
Courts as well as courts of the FCT-Abuja, but only chose to apply
its strike orders against those federal courts in an alleged
solidarity for its goal! It is also clear that the actual
defendants (in civil) or suspects (in criminal) to JUSUN’s
claim/allegations are the Governors of some States of the
Federation (not even all the States)! That is why since the Federal
Courts are not culpable to the allegation of the autonomy of the
judiciary and since despite the lawful passionate intervention of
various authorities into this matter and appeals for JUSUN to
suspend its strike action against those federal courts but JUSUN
has remained adamant, without any lawful and or justifiable reason,
this paper is of the firm legal submission that the various law
enforcement agencies of government are justified in law and equity
to ensure that those Federal Courts such as: the Supreme Court of
Nigeria, the Court of Appeal of Nigeria, the National Industrial
Court of Nigeria, the Federal High Court of Nigeria, the High Court
of FCY-Abuja, the Sharia and the Customary Courts of Appeal of
FCT-Abuja, all other courts (Superior and inferior records) that
have federal status are unlocked and to give free access to the
users of those courts, and this does not require anu court’s order
as the law creating those law enforcement and security agencies of
government already empower them to so act, hence, this paper!

It is belated in my humble view, to debate on whether the law
enforcement agencies of government have the powers to ensure that
all federal courts and other courts with federal status are
unlocked and to give access to the users of those courts to carry
out their normal activities for which those courts have been
established! Certainly in my humble view, those law enforcement
agencies of government have such powers legally both
constitutionally and in equity! More so, since the JUSUN has no
allegation of violating the autonomy of the judiciary against the
Federal Government and its courts, it them means that JUSUN cannot
and is not justified legally and in equity to lock down those
federal courts and to compel its members who are employees of those
courts not to resume their official duties for which they are paid
monthly salaries and allowances, and other entitlements! JUSUN in
my humble view cannot constitute itself into the law and override
the extant provisions of the Constitution that is the foundation of
the Federal Republic of Nigeria! Nigeria is a Federal Republic and
operates the democratic principles of
‘Federalism’ and a
‘Republic’ where all courts and the
States and the Federation have their various powers shared and or
distributed by the Constitution! Therefore, it would be
unconstitutional for JUSUN to carry its solidarity to those Federal
courts unjustifiably! It is also against public policy for JUSUN to
lock Federal Courts despite its negative consequences on the
national progress! Perhaps JUSUN was not properly advised legally
by its legal team (if JUSUN has any) as to the illegality of
locking Federal courts for the alleged non-compliance with autonomy
of the judiciary by some State governments! The illegal and
unlawful lockdown of federal courts by the JUSUN despite all
interventions by the Federal government’s authorities that JUSUN
should suspend its indefinite strike action against those federal
courts but all to no avail, justifies the immediate intervention of
government’s law enforcement agencies and its security agencies to
unlock those courts and to give access to the users of those courts
in the interest of justice!

Furthermore, the employers of those employees of those courts
have the legal justification and authority as well as powers too to
invoke various disciplinary regulations as applicable to its labour
laws against any of its or their employees that refuses to resume
his official duties with immediate effect! We cannot continue to
allow JUSUN to throw the whole nation into anarchy and lawlessness
that would even defeat the just cause of the democracy and the
constitution as there would be no one talking about the autonomy or
no autonomy of the judiciary where Nigeria is in a state of
anarchy, disorderliness and lawlessness, God forbid! Therefore, in
my humble legal submission, it is belated for the government to
unlock the federal courts and give access to the users of those
courts and ensure normal official activities in the interest of
justice! More so, the administration of justice system is already
suffering innocently for the illegal and unlawful acts of the JUSUN
and its members, the law enforcement agencies and security agencies
of government having been empowered to ensure a full force of law
and order and to restrain any breach of same and are therefore in
law and equity justified to intervene in this circumstance, even
though the intervention is long belated as the strike action ought
not to even affect those federal courts in the first instance as
the Federal Government has indulged the JUSUN enough till this time
while innocent litigants and the administration of justice system
suffers! I understand that JUSUN being a pressure group has no
concern for the interest of the nation for justice to prevail but
to selfishly seek its objective of the strike, but it must
understand that it is unconstitutional, illegal, unlawful, null and
void ab initio for it to hold those federal courts to
ransom for the alleged wrong it alleges against some of the States
of the Federation! Also, such illegal application of the strike
action to the Federal Courts has no place in the democratic
federalism which Nigeria practices and recognised by the
Constitution of Nigeria! Also,
‘solidarity’ is not law but private
principle and convention devised by JUSUN (which does not supersede
the law) hence, it lacks the backing of the law in this instance as
it concerns the federal courts in this instance as something cannot
be placed on nothing for the something to stand! The something
would definitely collapse!

Therefore, I humbly call on the government, the Nigerian Bar
Association, the general public and human rights activists to
prevail upon JUSUN by ensuring that this strike action is compelled
to a halt against federal courts in the interest of justice! Also,
I must state that I am in total support with JUSUN for championing
the autonomy of the judiciary against those States of the
Federation that have refused to comply with same! Nevertheless,
since the Federal Government has always been in compliance of the
autonomy of the judiciary, I see no reason why JUSUN should lock
Federal courts and refuse its members from their official duties!
Therefore, ‘solidarity’ must definitely
be in line with the law as the law would always prevail without
fear or favour! Also, I must state that JUSUN should review its
tool of compulsion of its goals! Strike action of locking courts
(regardless of whether it is against the Federal or State
Government) is definitely not in any way a good tool in the
interest of justice, as ‘justice delayed, amounts to
justice denied’!

God bless the Federal Republic of Nigeria!

Email: hameed_ajibola@yahoo.com^[1]

By Hameed Ajibola Jimoh Esq.

The compelled indefinite strike action by the Judiciary’s Staff
Union of Nigeria (JUSUN) has been over a week now and there seems
no result at suspending the strike action despite all appeals by
government’s authorities, the Nigerian Bar Association and members
of the public to suspend its strike action, though, all are in its
support for the autonomy of the judiciary. Nevertheless, it is
clear that JUSUN has no allegation of violation of the autonomy
mantra against the Federal Government of Nigeria and the Federal
Courts as well as courts of the FCT-Abuja, but only chose to apply
its strike orders against those federal courts in an alleged
solidarity for its goal! It is also clear that the actual
defendants (in civil) or suspects (in criminal) to JUSUN’s
claim/allegations are the Governors of some States of the
Federation (not even all the States)! That is why since the Federal
Courts are not culpable to the allegation of the autonomy of the
judiciary and since despite the lawful passionate intervention of
various authorities into this matter and appeals for JUSUN to
suspend its strike action against those federal courts but JUSUN
has remained adamant, without any lawful and or justifiable reason,
this paper is of the firm legal submission that the various law
enforcement agencies of government are justified in law and equity
to ensure that those Federal Courts such as: the Supreme Court of
Nigeria, the Court of Appeal of Nigeria, the National Industrial
Court of Nigeria, the Federal High Court of Nigeria, the High Court
of FCY-Abuja, the Sharia and the Customary Courts of Appeal of
FCT-Abuja, all other courts (Superior and inferior records) that
have federal status are unlocked and to give free access to the
users of those courts, and this does not require anu court’s order
as the law creating those law enforcement and security agencies of
government already empower them to so act, hence, this paper!

It is belated in my humble view, to debate on whether the law
enforcement agencies of government have the powers to ensure that
all federal courts and other courts with federal status are
unlocked and to give access to the users of those courts to carry
out their normal activities for which those courts have been
established! Certainly in my humble view, those law enforcement
agencies of government have such powers legally both
constitutionally and in equity! More so, since the JUSUN has no
allegation of violating the autonomy of the judiciary against the
Federal Government and its courts, it them means that JUSUN cannot
and is not justified legally and in equity to lock down those
federal courts and to compel its members who are employees of those
courts not to resume their official duties for which they are paid
monthly salaries and allowances, and other entitlements! JUSUN in
my humble view cannot constitute itself into the law and override
the extant provisions of the Constitution that is the foundation of
the Federal Republic of Nigeria! Nigeria is a Federal Republic and
operates the democratic principles of
‘Federalism’ and a
‘Republic’ where all courts and the
States and the Federation have their various powers shared and or
distributed by the Constitution! Therefore, it would be
unconstitutional for JUSUN to carry its solidarity to those Federal
courts unjustifiably! It is also against public policy for JUSUN to
lock Federal Courts despite its negative consequences on the
national progress! Perhaps JUSUN was not properly advised legally
by its legal team (if JUSUN has any) as to the illegality of
locking Federal courts for the alleged non-compliance with autonomy
of the judiciary by some State governments! The illegal and
unlawful lockdown of federal courts by the JUSUN despite all
interventions by the Federal government’s authorities that JUSUN
should suspend its indefinite strike action against those federal
courts but all to no avail, justifies the immediate intervention of
government’s law enforcement agencies and its security agencies to
unlock those courts and to give access to the users of those courts
in the interest of justice!

Furthermore, the employers of those employees of those courts
have the legal justification and authority as well as powers too to
invoke various disciplinary regulations as applicable to its labour
laws against any of its or their employees that refuses to resume
his official duties with immediate effect! We cannot continue to
allow JUSUN to throw the whole nation into anarchy and lawlessness
that would even defeat the just cause of the democracy and the
constitution as there would be no one talking about the autonomy or
no autonomy of the judiciary where Nigeria is in a state of
anarchy, disorderliness and lawlessness, God forbid! Therefore, in
my humble legal submission, it is belated for the government to
unlock the federal courts and give access to the users of those
courts and ensure normal official activities in the interest of
justice! More so, the administration of justice system is already
suffering innocently for the illegal and unlawful acts of the JUSUN
and its members, the law enforcement agencies and security agencies
of government having been empowered to ensure a full force of law
and order and to restrain any breach of same and are therefore in
law and equity justified to intervene in this circumstance, even
though the intervention is long belated as the strike action ought
not to even affect those federal courts in the first instance as
the Federal Government has indulged the JUSUN enough till this time
while innocent litigants and the administration of justice system
suffers! I understand that JUSUN being a pressure group has no
concern for the interest of the nation for justice to prevail but
to selfishly seek its objective of the strike, but it must
understand that it is unconstitutional, illegal, unlawful, null and
void ab initio for it to hold those federal courts to
ransom for the alleged wrong it alleges against some of the States
of the Federation! Also, such illegal application of the strike
action to the Federal Courts has no place in the democratic
federalism which Nigeria practices and recognised by the
Constitution of Nigeria! Also,
‘solidarity’ is not law but private
principle and convention devised by JUSUN (which does not supersede
the law) hence, it lacks the backing of the law in this instance as
it concerns the federal courts in this instance as something cannot
be placed on nothing for the something to stand! The something
would definitely collapse!

Therefore, I humbly call on the government, the Nigerian Bar
Association, the general public and human rights activists to
prevail upon JUSUN by ensuring that this strike action is compelled
to a halt against federal courts in the interest of justice! Also,
I must state that I am in total support with JUSUN for championing
the autonomy of the judiciary against those States of the
Federation that have refused to comply with same! Nevertheless,
since the Federal Government has always been in compliance of the
autonomy of the judiciary, I see no reason why JUSUN should lock
Federal courts and refuse its members from their official duties!
Therefore, ‘solidarity’ must definitely
be in line with the law as the law would always prevail without
fear or favour! Also, I must state that JUSUN should review its
tool of compulsion of its goals! Strike action of locking courts
(regardless of whether it is against the Federal or State
Government) is definitely not in any way a good tool in the
interest of justice, as ‘justice delayed, amounts to
justice denied’!

God bless the Federal Republic of Nigeria!

Email: hameed_ajibola@yahoo.com^[1]