By Ebun-Olu Adegboruwa, SAN
![image](/2020/10/lawreport.jpg")
![image](/2021/05/lawpbanner.jpg")
In 2015 when the present government was seeking power from the
electorate, it would have been suicidal to think of a situation
whereby the Courts in Nigeria would be locked up indefinitely, for
reason only that the executive arm of government is unwilling to
respect the democratic concept of separation of powers, or to
uphold the provisions of the Constitution which they swore to
protect. We are now fully in the second month of the strike action
embarked upon by the Judiciary Staff Union of Nigeria, JUSUN, since
April 6, 2021. When the courts are not functioning in a supposed
democracy, what that translates into is simply that there will be
no justice at all. It then means that all along, the country has
been running upon the wheels of impunity, injustice, autocracy and
general disorder. We have only been forcing those in authority to
tag along by only rehearsing jingles of judicial power, whereas in
point of fact, effective and efficient justice has not been the
focus of governance. For good cause, the covenant of the ruling All
Progressive Congress, APC, as expressed in its Manifesto for the
2015 general elections that brought it into power, is to achieve
devolution of powers that will lead to fiscal federalism, and
ultimately, independence for the judiciary, financially and
statutorily. This has not happened however.
![image](/2021/01/payne-alex.jpg")
In the course of the week, Governors of the Southern States of
Nigeria met and reeled out a number of resolutions, one of which is
a national conference that will eventually lead to restructuring.
This indeed, is the essence of the JUSUN strike action, whereby it
is demanded that the judiciary should be freed to control its own
vote from the federation account. In this concluding part of the
paper presented at the Webinar of the Gwagwalada Branch of the NBA,
I looked into other areas of judicial financial autonomy and then
proffered solutions.
INFRASTRUCTURE DEFICIT AS A CLOG
At the ceremony to mark the new legal year of the Federal High
Court, the Chief Judge, the Honourable Justice John Tsoho, cried
out aloud that the court had become overburdened with too many
cases, such that judges could no longer cope. He said the volume of
political cases filed in the Abuja division of the court alone is
hindering effective dispensation of justice. Before now, we have
always advocated for some drastic measures to address the problems
of the courts. The case of the Federal High Court is particularly
pathetic, especially the Lagos division of the court. You get to
court and cannot find a single seat, not even space to stand. So,
lawyers are crowded outside the courtrooms, struggling and peeping
to know when their cases will be called. Litigants are forced to
stay outside, not able to follow the proceedings of the court in a
case which they filed and paid heavily for. In some of the courts,
the distance between the presiding officer and the witness box is
so close that at times you fear for the judge, when it is realized
that some frustrated accused person or litigant can actually leap
across the divide and take hold of the judge. It is that bad. And I
cannot even mention the issue of parking space or public
conveniences in the courts. And yet we expect robust legal
submissions and the very best of judgments from the cage that the
courts have become.
THE CONSEQUENCES OF LACK OF JUDICIAL FINANCIAL
AUTONOMY
During the ceremony to mark the new legal year of the Supreme
Court on September 23, 2019, the CJN spoke the minds of judges
across the land. He stated categorically that the judiciary was
under siege, particularly from the executive arm of government. Let
us hear him.
“Be that as it may, when we assess the judiciary from the
financial perspective, how free can we say we are? The annual
budget of the Judiciary is still a far cry from what it ought to
be. The figure is either stagnated for a long period or it goes on
a progressive decline. The only thing I can do at this juncture is
to plead with all concerned to let us enjoy our independence
holistically. If you say that I am independent, but in a way,
whether I like it or not, I have to go cap in hand, asking for
funds to run my office, then I have completely lost my
independence. It is like saying a cow is free to graze about in the
meadow but at the same time, tying it firmly to a tree. Where is
the freedom?”
That is the one-million-dollar question indeed: where is the
freedom? Judicial independence in Nigeria is still a myth, the
governors of the States still lord it over their judicial officers,
various political office holders still carry on as if they own some
judges and even traditional rulers go around boasting about their
influences on judicial officers and the courts generally. The
effect of this on our justice delivery system is very debilitating
indeed, as when the neutrality of the court cannot be ascertained
or guaranteed, then there is no need approaching that temple for
any form of remedy. Like I say always, the organ of government that
is muzzling the courts is the executive arm, whose actions and
decisions are most often the subject matter of various court cases.
There has to be a consciousness on the part of the executive to
allow judges to function according to the dictates of their
conscience and the appropriate statutes. If we ever get to the
stage where the people have totally lost confidence in the
judiciary, then we should all be ready to live in the Hobbesian
state of anarchy, where life will become brutish and short. Let us
listen to the CJN once more.
“The gross underfunding and neglect of the judiciary over the
years have impacted negatively on the infrastructure and personnel
within the system. It is to a large extent, affecting productivity,
increasing frustration and deflating morale. That is certainly not
a good omen at this stage of our nationhood. The Constitution
provides for separation of powers and independence of the three
arms of government. I am using this medium to appeal to governments
at all levels to free the judiciary from the financial bondage it
has been subjected to over the years. Let it not just be said to be
independent but should, in words and actions, be seen to be truly
independent. There should not be any strings attached. We would not
like to negotiate our financial independence under any guise. Even
as I speak now, some States Judiciaries are still having issues
with their respective governments. A stitch in time will certainly
save nine. Let the judiciary take its destiny in its hands.”
It is common knowledge that every Chief Judge who is unable to
dance to the tunes dictated by his governor, will soon find his way
out of office. Indeed, that is the general trend across the land,
wherein the executive has successfully pocketed the judiciary in
the States, in order to perpetuate their reign of terror,
mis-governance and impunity, without any challenge. But why must
this be so? Did we vote people into office to become civilian
dictators? If the judge who is to adjudicate on a major dispute
between a citizen and his governor has to go cap in hand to
negotiate his financial survival from the same governor who is a
party before him, what then is the fate of the hapless citizen?
JUDICIAL FINANCIAL AUTONOMY AND NATIONAL
STABILITY
Right from the period of independence till now, the courts have
been the stabilizing force of unity and survival of the nation. No
one has ever been so drunk with power to dissolve the court system,
even in the dark days of the military. And yet, we now have those
who claim to be democrats breathing down upon the most vital arm of
government. We cannot and must not allow it. We should all rise up
to rescue the judges from the captivity of the executive arm of
government. It is now time for Benchers, Senior Advocates, NBA
officers and all other stakeholders to take over the cry of the
judges, before it gets out of hand. Judges being unofficial members
of the Bar Association, it is our duty to speak out for and protect
them in times like this.
THE WAY FORWARD
There are said to be several dialogue sessions being undertaken
by different authorities, all aimed at ending the JUSUN strike
action, but not much disclosure has been made about the content and
outcome of these talks.
1. NBA, in conjunction with the Body of Senior Advocates of
Nigeria, BOSAN, should take the lead in partnering with JUSUN to
get the governors to a round table, to extract a written commitment
for judicial financial autonomy.
2. The various judgments delivered by the Courts on this issue
should be the basis of negotiation, by virtue of section 287 (3) of
the Constitution.
3. Beyond JUSUN strike, NBA should have a Committee to audit the
state of the judiciary, comprising the NBA Branches of the States
for that of State Courts and a selected Committee for the federal
courts.
4. Government should declare a state of emergency in the
judicial sector, in order to undertake comprehensive reforms
thereof.
5. Judges should take up the battle for judicial autonomy
through their various spheres of influences, as some have spouses
and connections within the Presidency, State Houses, National
Assembly, etc. They shouldn’t leave the battle for lawyers and
JUSUN.
6. Regular media engagements by the NBA to sensitize members and
indeed the nation, on the strike action and what has been achieved
so far.
7. NBA National and indeed the branches should liaise with JUSUN
leadership to offer legal services to checkmate likely
witch-hunting and victimization of JUSUN members by the various
State governments.
Everywhere seems choked up, from the Correctional Centres to the
police stations and even the barracks, as suspects cannot get
justice from Courts that are presently locked up. We should not
allow this to fester, moreso that the governors are demanding
restructuring. That fundamental agenda should begin from the
doorsteps of their Excellencies, as charity is best pursued, when
it starts at home.
Life without Christ is Crisis
By Ebun-Olu Adegboruwa, SAN
In 2015 when the present government was seeking power from the
electorate, it would have been suicidal to think of a situation
whereby the Courts in Nigeria would be locked up indefinitely, for
reason only that the executive arm of government is unwilling to
respect the democratic concept of separation of powers, or to
uphold the provisions of the Constitution which they swore to
protect. We are now fully in the second month of the strike action
embarked upon by the Judiciary Staff Union of Nigeria, JUSUN, since
April 6, 2021. When the courts are not functioning in a supposed
democracy, what that translates into is simply that there will be
no justice at all. It then means that all along, the country has
been running upon the wheels of impunity, injustice, autocracy and
general disorder. We have only been forcing those in authority to
tag along by only rehearsing jingles of judicial power, whereas in
point of fact, effective and efficient justice has not been the
focus of governance. For good cause, the covenant of the ruling All
Progressive Congress, APC, as expressed in its Manifesto for the
2015 general elections that brought it into power, is to achieve
devolution of powers that will lead to fiscal federalism, and
ultimately, independence for the judiciary, financially and
statutorily. This has not happened however.
In the course of the week, Governors of the Southern States of
Nigeria met and reeled out a number of resolutions, one of which is
a national conference that will eventually lead to restructuring.
This indeed, is the essence of the JUSUN strike action, whereby it
is demanded that the judiciary should be freed to control its own
vote from the federation account. In this concluding part of the
paper presented at the Webinar of the Gwagwalada Branch of the NBA,
I looked into other areas of judicial financial autonomy and then
proffered solutions.
INFRASTRUCTURE DEFICIT AS A CLOG
At the ceremony to mark the new legal year of the Federal High
Court, the Chief Judge, the Honourable Justice John Tsoho, cried
out aloud that the court had become overburdened with too many
cases, such that judges could no longer cope. He said the volume of
political cases filed in the Abuja division of the court alone is
hindering effective dispensation of justice. Before now, we have
always advocated for some drastic measures to address the problems
of the courts. The case of the Federal High Court is particularly
pathetic, especially the Lagos division of the court. You get to
court and cannot find a single seat, not even space to stand. So,
lawyers are crowded outside the courtrooms, struggling and peeping
to know when their cases will be called. Litigants are forced to
stay outside, not able to follow the proceedings of the court in a
case which they filed and paid heavily for. In some of the courts,
the distance between the presiding officer and the witness box is
so close that at times you fear for the judge, when it is realized
that some frustrated accused person or litigant can actually leap
across the divide and take hold of the judge. It is that bad. And I
cannot even mention the issue of parking space or public
conveniences in the courts. And yet we expect robust legal
submissions and the very best of judgments from the cage that the
courts have become.
THE CONSEQUENCES OF LACK OF JUDICIAL FINANCIAL
AUTONOMY
During the ceremony to mark the new legal year of the Supreme
Court on September 23, 2019, the CJN spoke the minds of judges
across the land. He stated categorically that the judiciary was
under siege, particularly from the executive arm of government. Let
us hear him.
“Be that as it may, when we assess the judiciary from the
financial perspective, how free can we say we are? The annual
budget of the Judiciary is still a far cry from what it ought to
be. The figure is either stagnated for a long period or it goes on
a progressive decline. The only thing I can do at this juncture is
to plead with all concerned to let us enjoy our independence
holistically. If you say that I am independent, but in a way,
whether I like it or not, I have to go cap in hand, asking for
funds to run my office, then I have completely lost my
independence. It is like saying a cow is free to graze about in the
meadow but at the same time, tying it firmly to a tree. Where is
the freedom?”
That is the one-million-dollar question indeed: where is the
freedom? Judicial independence in Nigeria is still a myth, the
governors of the States still lord it over their judicial officers,
various political office holders still carry on as if they own some
judges and even traditional rulers go around boasting about their
influences on judicial officers and the courts generally. The
effect of this on our justice delivery system is very debilitating
indeed, as when the neutrality of the court cannot be ascertained
or guaranteed, then there is no need approaching that temple for
any form of remedy. Like I say always, the organ of government that
is muzzling the courts is the executive arm, whose actions and
decisions are most often the subject matter of various court cases.
There has to be a consciousness on the part of the executive to
allow judges to function according to the dictates of their
conscience and the appropriate statutes. If we ever get to the
stage where the people have totally lost confidence in the
judiciary, then we should all be ready to live in the Hobbesian
state of anarchy, where life will become brutish and short. Let us
listen to the CJN once more.
“The gross underfunding and neglect of the judiciary over the
years have impacted negatively on the infrastructure and personnel
within the system. It is to a large extent, affecting productivity,
increasing frustration and deflating morale. That is certainly not
a good omen at this stage of our nationhood. The Constitution
provides for separation of powers and independence of the three
arms of government. I am using this medium to appeal to governments
at all levels to free the judiciary from the financial bondage it
has been subjected to over the years. Let it not just be said to be
independent but should, in words and actions, be seen to be truly
independent. There should not be any strings attached. We would not
like to negotiate our financial independence under any guise. Even
as I speak now, some States Judiciaries are still having issues
with their respective governments. A stitch in time will certainly
save nine. Let the judiciary take its destiny in its hands.”
It is common knowledge that every Chief Judge who is unable to
dance to the tunes dictated by his governor, will soon find his way
out of office. Indeed, that is the general trend across the land,
wherein the executive has successfully pocketed the judiciary in
the States, in order to perpetuate their reign of terror,
mis-governance and impunity, without any challenge. But why must
this be so? Did we vote people into office to become civilian
dictators? If the judge who is to adjudicate on a major dispute
between a citizen and his governor has to go cap in hand to
negotiate his financial survival from the same governor who is a
party before him, what then is the fate of the hapless citizen?
JUDICIAL FINANCIAL AUTONOMY AND NATIONAL
STABILITY
Right from the period of independence till now, the courts have
been the stabilizing force of unity and survival of the nation. No
one has ever been so drunk with power to dissolve the court system,
even in the dark days of the military. And yet, we now have those
who claim to be democrats breathing down upon the most vital arm of
government. We cannot and must not allow it. We should all rise up
to rescue the judges from the captivity of the executive arm of
government. It is now time for Benchers, Senior Advocates, NBA
officers and all other stakeholders to take over the cry of the
judges, before it gets out of hand. Judges being unofficial members
of the Bar Association, it is our duty to speak out for and protect
them in times like this.
THE WAY FORWARD
There are said to be several dialogue sessions being undertaken
by different authorities, all aimed at ending the JUSUN strike
action, but not much disclosure has been made about the content and
outcome of these talks.
1. NBA, in conjunction with the Body of Senior Advocates of
Nigeria, BOSAN, should take the lead in partnering with JUSUN to
get the governors to a round table, to extract a written commitment
for judicial financial autonomy.
2. The various judgments delivered by the Courts on this issue
should be the basis of negotiation, by virtue of section 287 (3) of
the Constitution.
3. Beyond JUSUN strike, NBA should have a Committee to audit the
state of the judiciary, comprising the NBA Branches of the States
for that of State Courts and a selected Committee for the federal
courts.
4. Government should declare a state of emergency in the
judicial sector, in order to undertake comprehensive reforms
thereof.
5. Judges should take up the battle for judicial autonomy
through their various spheres of influences, as some have spouses
and connections within the Presidency, State Houses, National
Assembly, etc. They shouldn’t leave the battle for lawyers and
JUSUN.
6. Regular media engagements by the NBA to sensitize members and
indeed the nation, on the strike action and what has been achieved
so far.
7. NBA National and indeed the branches should liaise with JUSUN
leadership to offer legal services to checkmate likely
witch-hunting and victimization of JUSUN members by the various
State governments.
Everywhere seems choked up, from the Correctional Centres to the
police stations and even the barracks, as suspects cannot get
justice from Courts that are presently locked up. We should not
allow this to fester, moreso that the governors are demanding
restructuring. That fundamental agenda should begin from the
doorsteps of their Excellencies, as charity is best pursued, when
it starts at home.
Life without Christ is Crisis