Judiciary, Legislature Make Governors Feel Above The Law

By P. D. Pius, Esq

All courts in Nigeria are currently shutdown by Judiciary Staff
Union (JUSUN). It is a free for all right now. No matter the
dispute, offence or wrong committed there is no court to validly
send you to prison or resolve the problem now in Nigeria. We don’t
even know how long this will last because it is an indefinite
strike action.

Some will be quick to start blaming the President. Just hold on
your thoughts on that for a while. Why are the courts shut down? It
is simply because the 36 Governors in Nigeria have failed,
neglected, or refused to obey provision of section 121 of the
Constitution that grants financial autonomy to judiciary at state
level and Houses of Assembly at state level. In other words, these
issues have been settled and complied with at the Federal level by
Federal Government. But state Governors refused to comply at the
State level. This is very sad if you ask me.

But how did the Governors acquire such audacity to violate the
provision of the constitution with reckless abandon? In my opinion,
it is simply because the State Houses of Assembly are too dumb or
they enjoy suffering while smiling with the judiciary watching
hands akimbo. Why do I say so? To answer this question you have to
understand what is the biggest offence in Nigeria.

The biggest offence in Nigeria is violation of the provision of
the constitution. It is bigger than murder or any other offence
stated in the criminal law or penal law. This is why, there is no
immunity on any Governor that breach the constitution.

It is for this reason that section 188 of the Constitution
provide the House of Assembly and the Chief Judge of States with
power to remove any Governor that violate or breach the
constitution without any regard to immunity. It is sad that the
same State judiciary and legislature that has power to remove
Governors for violation of the Constitution are same people using
JUSUN to shutdown courts in order to address the issue of breach of
the Constitution by the Governors.

Come on! This whole JUSUN strike is needless or a political
jamboree. As a lawyer I will only advance what the law says and
stand on the side of law. I cannot shy away from stating or
supporting the law as it is. If truly the Governors are in breach
of constitutional provision for judicial autonomy at state level,
then the proper action is to commence removal proceedings of any
such Governor. It is not to go on strike and request negotiations
with the supposed biggest criminal suspect for committing the
biggest offence of constitutional breach.

I don’t see any hitch in such removal proceedings in that the
breach affects the two persons with power to remove the Governors,
State Assemblies and State Chief Judges. There lies the proper
parties against whom JUSUN, Lawyers and indeed all Nigerians should
take action or engage to reopen the courts fast and probably
tomorrow. Why? The action of these two bodies will solve JUSUN
problem within few minutes as against strike action.

All the solutions are in the law as provided in the
Constitution. We should just follow the Constitution to avoid
argument and needless strike action. The judiciary and legislature
should stop giving the Governors, a feeling of being above the
law.
My one cent!

Writes P. D. Pius, Esq. from Abuja, Nigeria.

By P. D. Pius, Esq

All courts in Nigeria are currently shutdown by Judiciary Staff
Union (JUSUN). It is a free for all right now. No matter the
dispute, offence or wrong committed there is no court to validly
send you to prison or resolve the problem now in Nigeria. We don’t
even know how long this will last because it is an indefinite
strike action.

Some will be quick to start blaming the President. Just hold on
your thoughts on that for a while. Why are the courts shut down? It
is simply because the 36 Governors in Nigeria have failed,
neglected, or refused to obey provision of section 121 of the
Constitution that grants financial autonomy to judiciary at state
level and Houses of Assembly at state level. In other words, these
issues have been settled and complied with at the Federal level by
Federal Government. But state Governors refused to comply at the
State level. This is very sad if you ask me.

But how did the Governors acquire such audacity to violate the
provision of the constitution with reckless abandon? In my opinion,
it is simply because the State Houses of Assembly are too dumb or
they enjoy suffering while smiling with the judiciary watching
hands akimbo. Why do I say so? To answer this question you have to
understand what is the biggest offence in Nigeria.

The biggest offence in Nigeria is violation of the provision of
the constitution. It is bigger than murder or any other offence
stated in the criminal law or penal law. This is why, there is no
immunity on any Governor that breach the constitution.

It is for this reason that section 188 of the Constitution
provide the House of Assembly and the Chief Judge of States with
power to remove any Governor that violate or breach the
constitution without any regard to immunity. It is sad that the
same State judiciary and legislature that has power to remove
Governors for violation of the Constitution are same people using
JUSUN to shutdown courts in order to address the issue of breach of
the Constitution by the Governors.

Come on! This whole JUSUN strike is needless or a political
jamboree. As a lawyer I will only advance what the law says and
stand on the side of law. I cannot shy away from stating or
supporting the law as it is. If truly the Governors are in breach
of constitutional provision for judicial autonomy at state level,
then the proper action is to commence removal proceedings of any
such Governor. It is not to go on strike and request negotiations
with the supposed biggest criminal suspect for committing the
biggest offence of constitutional breach.

I don’t see any hitch in such removal proceedings in that the
breach affects the two persons with power to remove the Governors,
State Assemblies and State Chief Judges. There lies the proper
parties against whom JUSUN, Lawyers and indeed all Nigerians should
take action or engage to reopen the courts fast and probably
tomorrow. Why? The action of these two bodies will solve JUSUN
problem within few minutes as against strike action.

All the solutions are in the law as provided in the
Constitution. We should just follow the Constitution to avoid
argument and needless strike action. The judiciary and legislature
should stop giving the Governors, a feeling of being above the
law.
My one cent!

Writes P. D. Pius, Esq. from Abuja, Nigeria.