JUSUN Strike And The Nigerian Factor

By Ebun-Olu Adegboruwa SAN

The courts are still locked, for good cause. The rigmarole
between the Federal and the State governments in respect of the
current clamour for financial autonomy and independence for the
judiciary, is totally unnecessary. But like in all other spheres of
our national life, the ‘Nigerian factor’ seems to be creeping into
this noble struggle, gradually. No one is sure of anything again,
in respect of the JUSUN strike, given the cacophony of voices from
different parts of the country.

The expectation was that we will receive daily reports and
updates from JUSUN and the NBA with regards to developments on the
progress of the strike action so that we can all run with the
vision of this epic battle to liberate the judiciary once and for
all. We have so far only managed to gather snippets of information
from the media about what the Governors are saying and doing, how
the President has given a marching order (through his Chief of
Staff) to some unidentified persons, what the Chief Justice of
Nigeria told JUSUN on the justiciability of the strike action, etc.
You can blame the seeming lull on the Nigerian factor.

The learned authors of IGI Global, publishers of Timely
Knowledge, have a very lucid definition of this concept, as
follows:

“The Nigerian factor, otherwise called ‘the Nigerian Way’, is a
term used to refer to the defeatist attitude of most Nigerians in
the face of Nigeria’s perverted value system. It is used to
describe the intense moral decay or mental corruption which has
seriously affected the Nigerian society to the extent that what is
universally viewed as reprehensible is paradoxically accepted in
the Nigerian context as working and efficacious. In other words, it
is the tendency of believing that anything – morally good or bad –
can go in Nigeria, because the country is in a severe state of
social malady.”

You may take the Nigerian factor beyond the above definition, to
include all forms of impunity, perversion of what is right and a
very unique definition of what is wrong in a wrong way. As we were
all trying to gather strength for a long haul, the Lagos State
Chapter of JUSUN emerged with a thunderbolt, with what it described
as ‘partial strike’, as captured in the following statement by the
chairman:

“Lagos JUSUN found out that it is only Lagos State Government
that had shown concerns and seriousness with listening ear to this
JUSUN struggle. At this moment, Lagos JUSUN has had four meetings
with powerful government officials, especially Mr. Governor
himself. From my position and privileges as JUSUN chairman Lagos,
we are indeed lucky. Even the national leadership hasn’t made
significant progress as Lagos JUSUN does at the moment.

Our auxiliary demands are being speedily looked into and results
are manifesting. Though there is a national agitation for financial
autonomy, this will be achieved nationally and all States will
benefit from it … While showing commitment today (April 20) with
the delivery of two new buses to the judiciary while the House of
Assembly had only one bus given to them even though both arms of
government are currently on strike.

It is impossible that a State branch will suspend a national
strike hence JUSUN strike is very much ongoing in Lagos State. But
due to the great respect and honour Lagos State judiciary staff
have for Mr. Governor and the Chief Judge of Lagos State, it is our
desire only to relax strike rules to allow clearance of backlogs,
reading of judgments and decongestion of prison occasioned by the
Covid pandemic and EndSARS protest.

Therefore, work and official duties are constrained to
Wednesday, Thursday and Friday of every week, while Monday and
Tuesday of every week remains our strike days that all staff must
stay off duty to observe the national strike.

The Union will review the progress both left and right to make
informed decisions as the event unfolds. Please, let it be known
that the staff of Lagos State judiciary is still on strike but was
magnanimous in putting Lagos judiciary and the government of Lagos
State first in our time of strength. All gates of courts in Lagos
State will be partially opened on Wednesday, Thursday and Friday
only.”

The Lagos JUSUN would seem to be speaking from both sides of the
mouth; whereas it says it has no power to suspend a national
strike, yet it seeks to relax it and although it is said that the
union is still observing the strike, its members opted to work for
three out of the five days in the week. Is that still a strike at
all, when the days of work outnumber the days of strike? This is
not new at all, for Lagos State JUSUN. In 2015, JUSUN embarked upon
a nationwide strike action in May to demand for autonomy for the
judiciary. Whilst the State chapters of JUSUN across Nigeria
decided to continue the strike action, the Lagos State chapter
directed its members to resume work “in the interest of Lagosians”.
The chairman of JUSUN at the time, Comrade Emmanuel Abioye, stated
that “… the strike has been suspended in the interest of Lagos as
the Centre of Excellence”.

History is only repeating itself now, with the attempted
demobilisation of the current strike action by the Lagos State
Chapter of JUSUN. It would seem however that the root cause of the
attempted sabotage is not traceable to JUSUN simpliciter. The NBA
national had directed all state branches of the NBA to ‘visit’ the
governors of their home States, as part of measures designed to put
pressure on them to yield to the demands of JUSUN. This was
understood within the circle of lawyers as a form of mild peaceful
protest that would involve the majority of members of the NBA, with
placards and sufficient media coverage. So, we were all gearing up
for the event in Lagos State for Monday, April 19. And given that
there are about five branches of the NBA in Lagos, Ikeja, Ikorodu,
Epe, Badary and some new units in Eti-Osa and Surulere, it was
expected to be a very loud event indeed. But alas! The visitation
was turned into an executive session, no placards, no media chat
and no press statement. The governor later took his time to take
selfies with those in attendance and that was all. It has been mum
since.

The Nigerian factor also came into play, when all manner of
arguments were being canvassed on why Lagos State should not
continue the strike; from EndSARS protests, to Covid 19 and even
prison congestion, as if there are no suspects who have been
awaiting trial for years before now. Some people have suggested
that the strike action be reviewed, given that the courts cannot be
closed indefinitely. Indeed this may well be true, but such appeal
should go directly to those responsible for the impasse in the
first place, in this case the governors, who are said to be
responsible for undermining the judiciary. We must hold them
responsible for the present fate of inmates, suspects and litigants
across the country. Ever before JUSUN declared its national strike,
it was well aware of the status of the judiciary at the federal
level, whether it is independent or subservient, whether it is well
funded or starved of funds and whether the welfare packages of the
judicial staff are commensurate with what obtains in other climes.
To then turn around to whip up banal sentiments of the alleged
peculiarity of any State as a justification for aborting the strike
action is a total disservice to JUSUN and indeed the NBA.

In the prosecution of the strike action, JUSUN approached the
NBA as a critical stakeholder in the judicial sector and lawyers
all over Nigeria have in response declared their total support for
the strike action. Thus, JUSUN cannot on its own unilateral terms,
purport to suspend the strike action, without due consultation with
the NBA, as it lacks the power to make the decision on its own. The
Nigerian factor led to savage threats in some States, where some
governors were said to have directed lawyers to prevail on JUSUN to
call off the strike. The Nigerian factor also manifested in the
form of government propaganda, through which affected Ministers
have issued different statements on what the government is doing or
intends to do. This is also not acceptable, as there should be a
co-ordinating office that can be held responsible in this
situation. A good suggestion is for JUSUN to consult with the
Academic Staff Union of Universities (ASUU) on the strategies of
sustaining a strike action beyond six months, given the history of
that organisation as the only entity that has succeeded in
prosecuting a strike action beyond three months consecutively. The
NBA national has done the right thing to call out lawyers from all
State branches, with very encouraging responses. This should
continue, in a very peaceful and orderly manner, whilst the
President and other relevant stakeholders continue to engage the
government, both at the federal and state levels, for a common
agreement on autonomy for the judiciary.

There is no need to ‘Nigerianise’ the JUSUN strike action at
all, but rather that lawyers and judiciary staff workers should
unite behind the same agenda to secure the much needed autonomy for
the judiciary. The governors have promised May, 2021, which is just
about a week from now. The NBA branches that are yet to “visit” the
governors of their States should do so promptly, with maximum
mobilisation and publicity. It is a struggle that we must and will
win, for the good people of Nigeria, for democracy to thrive and
for our collective destinies.

Though judges are only to be seen and not heard, they have a
stake in this particular struggle because they have influence and
they should deploy it in support of the strike action. The judges
have husbands and wives in very important positions of authority in
the States, in the National Assembly, in the Presidency and indeed
amongst the people who are seeking to emasculate the judiciary. We
are all in this together and the pressure must come from all
fronts, to get the judiciary to be free, whether from the kitchen
or from the bedroom, on the pulpit or on the Bench; the judges must
make a positive impact, upon the struggle for judicial
independence.

If and when we all gather together with one voice to speak truth
to power, there will be no need to resort to the Nigerian factor,
which is almost tearing apart the fabric of our national life. It
cannot be said that in the Nigeria of year 2021, there is no money
to maintain judges, to build more courts, to cater to the welfare
of judicial staff, to improve infrastructure in the courts and to
put in place such enduring mechanisms as to guarantee a smooth and
efficient justice system for our nation. Over to you, our
governors.

By Ebun-Olu Adegboruwa SAN

The courts are still locked, for good cause. The rigmarole
between the Federal and the State governments in respect of the
current clamour for financial autonomy and independence for the
judiciary, is totally unnecessary. But like in all other spheres of
our national life, the ‘Nigerian factor’ seems to be creeping into
this noble struggle, gradually. No one is sure of anything again,
in respect of the JUSUN strike, given the cacophony of voices from
different parts of the country.

The expectation was that we will receive daily reports and
updates from JUSUN and the NBA with regards to developments on the
progress of the strike action so that we can all run with the
vision of this epic battle to liberate the judiciary once and for
all. We have so far only managed to gather snippets of information
from the media about what the Governors are saying and doing, how
the President has given a marching order (through his Chief of
Staff) to some unidentified persons, what the Chief Justice of
Nigeria told JUSUN on the justiciability of the strike action, etc.
You can blame the seeming lull on the Nigerian factor.

The learned authors of IGI Global, publishers of Timely
Knowledge, have a very lucid definition of this concept, as
follows:

“The Nigerian factor, otherwise called ‘the Nigerian Way’, is a
term used to refer to the defeatist attitude of most Nigerians in
the face of Nigeria’s perverted value system. It is used to
describe the intense moral decay or mental corruption which has
seriously affected the Nigerian society to the extent that what is
universally viewed as reprehensible is paradoxically accepted in
the Nigerian context as working and efficacious. In other words, it
is the tendency of believing that anything – morally good or bad –
can go in Nigeria, because the country is in a severe state of
social malady.”

You may take the Nigerian factor beyond the above definition, to
include all forms of impunity, perversion of what is right and a
very unique definition of what is wrong in a wrong way. As we were
all trying to gather strength for a long haul, the Lagos State
Chapter of JUSUN emerged with a thunderbolt, with what it described
as ‘partial strike’, as captured in the following statement by the
chairman:

“Lagos JUSUN found out that it is only Lagos State Government
that had shown concerns and seriousness with listening ear to this
JUSUN struggle. At this moment, Lagos JUSUN has had four meetings
with powerful government officials, especially Mr. Governor
himself. From my position and privileges as JUSUN chairman Lagos,
we are indeed lucky. Even the national leadership hasn’t made
significant progress as Lagos JUSUN does at the moment.

Our auxiliary demands are being speedily looked into and results
are manifesting. Though there is a national agitation for financial
autonomy, this will be achieved nationally and all States will
benefit from it … While showing commitment today (April 20) with
the delivery of two new buses to the judiciary while the House of
Assembly had only one bus given to them even though both arms of
government are currently on strike.

It is impossible that a State branch will suspend a national
strike hence JUSUN strike is very much ongoing in Lagos State. But
due to the great respect and honour Lagos State judiciary staff
have for Mr. Governor and the Chief Judge of Lagos State, it is our
desire only to relax strike rules to allow clearance of backlogs,
reading of judgments and decongestion of prison occasioned by the
Covid pandemic and EndSARS protest.

Therefore, work and official duties are constrained to
Wednesday, Thursday and Friday of every week, while Monday and
Tuesday of every week remains our strike days that all staff must
stay off duty to observe the national strike.

The Union will review the progress both left and right to make
informed decisions as the event unfolds. Please, let it be known
that the staff of Lagos State judiciary is still on strike but was
magnanimous in putting Lagos judiciary and the government of Lagos
State first in our time of strength. All gates of courts in Lagos
State will be partially opened on Wednesday, Thursday and Friday
only.”

The Lagos JUSUN would seem to be speaking from both sides of the
mouth; whereas it says it has no power to suspend a national
strike, yet it seeks to relax it and although it is said that the
union is still observing the strike, its members opted to work for
three out of the five days in the week. Is that still a strike at
all, when the days of work outnumber the days of strike? This is
not new at all, for Lagos State JUSUN. In 2015, JUSUN embarked upon
a nationwide strike action in May to demand for autonomy for the
judiciary. Whilst the State chapters of JUSUN across Nigeria
decided to continue the strike action, the Lagos State chapter
directed its members to resume work “in the interest of Lagosians”.
The chairman of JUSUN at the time, Comrade Emmanuel Abioye, stated
that “… the strike has been suspended in the interest of Lagos as
the Centre of Excellence”.

History is only repeating itself now, with the attempted
demobilisation of the current strike action by the Lagos State
Chapter of JUSUN. It would seem however that the root cause of the
attempted sabotage is not traceable to JUSUN simpliciter. The NBA
national had directed all state branches of the NBA to ‘visit’ the
governors of their home States, as part of measures designed to put
pressure on them to yield to the demands of JUSUN. This was
understood within the circle of lawyers as a form of mild peaceful
protest that would involve the majority of members of the NBA, with
placards and sufficient media coverage. So, we were all gearing up
for the event in Lagos State for Monday, April 19. And given that
there are about five branches of the NBA in Lagos, Ikeja, Ikorodu,
Epe, Badary and some new units in Eti-Osa and Surulere, it was
expected to be a very loud event indeed. But alas! The visitation
was turned into an executive session, no placards, no media chat
and no press statement. The governor later took his time to take
selfies with those in attendance and that was all. It has been mum
since.

The Nigerian factor also came into play, when all manner of
arguments were being canvassed on why Lagos State should not
continue the strike; from EndSARS protests, to Covid 19 and even
prison congestion, as if there are no suspects who have been
awaiting trial for years before now. Some people have suggested
that the strike action be reviewed, given that the courts cannot be
closed indefinitely. Indeed this may well be true, but such appeal
should go directly to those responsible for the impasse in the
first place, in this case the governors, who are said to be
responsible for undermining the judiciary. We must hold them
responsible for the present fate of inmates, suspects and litigants
across the country. Ever before JUSUN declared its national strike,
it was well aware of the status of the judiciary at the federal
level, whether it is independent or subservient, whether it is well
funded or starved of funds and whether the welfare packages of the
judicial staff are commensurate with what obtains in other climes.
To then turn around to whip up banal sentiments of the alleged
peculiarity of any State as a justification for aborting the strike
action is a total disservice to JUSUN and indeed the NBA.

In the prosecution of the strike action, JUSUN approached the
NBA as a critical stakeholder in the judicial sector and lawyers
all over Nigeria have in response declared their total support for
the strike action. Thus, JUSUN cannot on its own unilateral terms,
purport to suspend the strike action, without due consultation with
the NBA, as it lacks the power to make the decision on its own. The
Nigerian factor led to savage threats in some States, where some
governors were said to have directed lawyers to prevail on JUSUN to
call off the strike. The Nigerian factor also manifested in the
form of government propaganda, through which affected Ministers
have issued different statements on what the government is doing or
intends to do. This is also not acceptable, as there should be a
co-ordinating office that can be held responsible in this
situation. A good suggestion is for JUSUN to consult with the
Academic Staff Union of Universities (ASUU) on the strategies of
sustaining a strike action beyond six months, given the history of
that organisation as the only entity that has succeeded in
prosecuting a strike action beyond three months consecutively. The
NBA national has done the right thing to call out lawyers from all
State branches, with very encouraging responses. This should
continue, in a very peaceful and orderly manner, whilst the
President and other relevant stakeholders continue to engage the
government, both at the federal and state levels, for a common
agreement on autonomy for the judiciary.

There is no need to ‘Nigerianise’ the JUSUN strike action at
all, but rather that lawyers and judiciary staff workers should
unite behind the same agenda to secure the much needed autonomy for
the judiciary. The governors have promised May, 2021, which is just
about a week from now. The NBA branches that are yet to “visit” the
governors of their States should do so promptly, with maximum
mobilisation and publicity. It is a struggle that we must and will
win, for the good people of Nigeria, for democracy to thrive and
for our collective destinies.

Though judges are only to be seen and not heard, they have a
stake in this particular struggle because they have influence and
they should deploy it in support of the strike action. The judges
have husbands and wives in very important positions of authority in
the States, in the National Assembly, in the Presidency and indeed
amongst the people who are seeking to emasculate the judiciary. We
are all in this together and the pressure must come from all
fronts, to get the judiciary to be free, whether from the kitchen
or from the bedroom, on the pulpit or on the Bench; the judges must
make a positive impact, upon the struggle for judicial
independence.

If and when we all gather together with one voice to speak truth
to power, there will be no need to resort to the Nigerian factor,
which is almost tearing apart the fabric of our national life. It
cannot be said that in the Nigeria of year 2021, there is no money
to maintain judges, to build more courts, to cater to the welfare
of judicial staff, to improve infrastructure in the courts and to
put in place such enduring mechanisms as to guarantee a smooth and
efficient justice system for our nation. Over to you, our
governors.