![image](/2020/10/lawreport.jpg")
![image](/2021/05/lawp.jpg")
It has been 51 days since the Judiciary Staff Union of Nigeria
(JUSUN) shut all courts across the nation in protest
against the non-implementation of financial autonomy for the
judiciary.
![image](/2021/01/payne-alex.jpg")
Since the strike which started on April 6, activities of the
court have been crippled with litigants bearing the brunt of the
action.
But why is financial autonomy important for the judiciary?
The judiciary is the third arm of government in Nigeria which is
responsible for the interpretation of laws. The other two are the
executive and the legislature.
The judiciary is the guardian and protector of fundamental human
rights as well as the arbiter of disputes among all levels of
government. This is why the judiciary ought to independent so as to
be free to perform its functions without fear or favour. This is
the primary goal of separation of powers — to enable the three arms
of government to be functionally independent of each other.
But despite the constitutional provision, the judiciary is still
dependent on the executive (governors at the state level) for their
funding.
President Muhammadu in May 2020 signed an executive
order granting financial autonomy to both the
judicial and the legislative arms of government.
The president’s decision was met with commendation, especially
from the judiciary but state governors expressed concerns over its
constitutionality and financial implications.
The gazetting of the order was, however, suspended after the
president met with the governors.
HOW IS THE JUDICIARY FUNDED?
It is important to understand how the state judiciary in Nigeria
currently operates.
The judiciary is funded through the state ministry of
finance.
Explaining how it is being funded by the ministry of finance,
Jimoh Alonge, treasurer of the union, told TheCable that “as a
chief judge of a state, you don’t have right over employing or
replacing workers even if you are short of manpower. It is the
governor that does that. Judiciary workers salary is prepared in
the state ministry of finance. Meaning if a staff dies or retires,
they just remove his name from the payroll. There is a state
presently that had about 2000 or more workers but as we speak, they
have just about 600 workers because the state government did not
allow them to replace workers.”
CONSTITUTIONAL PROVISIONS
A lot of people think the Executive Order 10 gave birth to the
clamour for financial autonomy for the judiciary. But financial
autonomy of the judiciary has been in the Constitution of the
Federal Republic of Nigeria since 1999.
This is clearly stated in section 81(2) (3), section 84 (1),
(2), (3), (4) (7), 121(3) and section 162(9) of the
constitution.
The constitution clearly states that any amount standing to the
credit of the judiciary in the federation account/consolidated
revenue fund of the federal and state governments shall be paid
directly to the heads of courts concerned.
LEGAL ACTION BY JUDICIARY STAFF UNION OF NIGERIA
(JUSUN)
In 2013, JUSUN instituted a suit marked: FHC/ABJ/CS/667/13
against the National Judicial Council (NJC), the attorney-general
of the federation and the attorney-generals of the states seeking
judicial autonomy.
On January 14, 2014, Adeniyi Ademola, judge of a federal high
court in Abuja, gave judgment in favour of the union.
Among the reliefs granted, Ademola made “a declaration that the
2nd-74th defendants’ failure, neglect and/or refusal to pay the
Funds/Amount standing to the credit of the States’ Judiciary is a
constitutional breach which has to be abated forthwith.
“That an order is hereby made that the piece-meal
payments/allocation of funds through the states’ ministry of
finance to the state’s judiciary at the 2nd-74th defendants
pleasure is unconstitutional, unprocedural cumbersome, null, void
and be abated forthwith.”
The judge also made an order mandating the 2nd-74th defendants
to comply with the provision of section 162(9) of the 1999
constitution in the disbursement of funds to the head of courts
forthwith.
FINANCIAL AUTONOMY JUST FOR JUDGES?
Alonge said: “If there is autonomy, it covers everyone in the
judiciary.”
“When you make a budget, you have capital and recurrent. The
recurrent comprises salaries of workers and overhead cost of
running the courts. The capital includes financing projects, buying
cars and some other things. Autonomy is not only for the judges. In
fact, the control of these funds is directly by the chief registrar
of a state who is the chief accounting officer. The judges don’t
even touch money. The CJ can only give instructions on what to do.
He is not a signatory to the account.”
STATES THAT HAVE IMPLEMENTED AUTONOMY
Since the commencement of the strike, some state governors have
come out to declare their support for a financially independent
judiciary.
While Bala Mohammed, governor
of Bauchi, and Babajide Sanwo-Olu,
governor of Lagos, promised to implement
autonomy for their state judiciary, Nyesom Wike, governor
of Rivers, and Abdullahi Ganduje,
governor of Kano, said their state judiciary
already enjoy full autonomy.
Recently, Ifeanyi Okowa, governor of Delta,
also announced that the state’s
judiciary has been accorded full autonomy.
But JUSUN disagrees.
Alonge said: “No state has implemented autonomy for the
judiciary.”
“Okowa’s pronouncement is just a pronouncement. It has not been
put into practice. All the judiciary except Anambra and Nasarawa
state that allows the judiciary prepare their finance before the
state house of representatives, it is the state ministry of finance
that prepares their salaries.”
“So we can say Anambra and Nasarawa state has partially
complied. But all other states have just been making noise.
“Some governors claim that because they buy vehicles for judges,
or sometimes give money for them to go abroad for treatment which
is naturally supposed to come to them directly, they now claim to
have complied with autonomy. That is not autonomy at all. Autonomy
means total independence financially.”
PROPOSAL BY GOVERNORS’ FORUM
There have been meetings with relevant stakeholders in an
attempt to bring an end to the strike.
The Nigeria Governors’ Forum (NGF) set up its own committee
headed by Aminu Tambuwal, Sokoto governor, which subsequently
proposed a template for the implementation of autonomy for the
judiciary.
The governors, in their proposal, sought the creation of a State
Account Allocation Committee (SAAC) to oversee the distribution of
funds to the three arms of government at the state level. They also
proposed the enactment of funds management laws for state judiciary
and legislature.
The law, according to the proposal, will grant each arm “the
power to manage its capital and recurrent expenditure in accordance
with the provisions of Sections 6(5)(a) – (i), 81(3), 121(3) & Item
21(e) of the Third Schedule of the Constitution of the Federal
Republic of Nigeria (As Amended) and other relevant laws”.
The NGF said they will ensure that the states “pass and assent
to the funds management law as well as put in place implementation
structures within a time frame not exceeding 45 days from the date
of signing this document”.
JUSUN has, however, rejected some of the proposals made by the
NGF.
The national working committee (NWC) of the union insisted that
funds due to the state judiciary must be deducted from source
starting from the May 2021 Federal Account Allocation Committee
(FAAC) revenue.
The union said the strike will be called off if that is
done.
HOW DOES IT AFFECT ME?
One may ask: “How does financial autonomy for the judiciary
affect a common man?”
The absence of financial autonomy has made it difficult for some
judges to be impartial in handling cases that involve the executive
(governors). They are at the mercy of these governors because they
determine their finance. After all, ”he who pays the piper,
dictates the tune”.
If autonomy is granted, judges will be free to carry out their
responsibilities without fear or favour. Election petitions could
be determined on merit, justice may no longer be for the highest
bidder.
A taxi driver may not be denied bail because a judge received a
bribe. And judges will fairly try politicians standing trial on
fraud allegations without fear.
It has been 51 days since the Judiciary Staff Union of Nigeria
(JUSUN) shut all courts across the nation in protest
against the non-implementation of financial autonomy for the
judiciary.
Since the strike which started on April 6, activities of the
court have been crippled with litigants bearing the brunt of the
action.
But why is financial autonomy important for the judiciary?
The judiciary is the third arm of government in Nigeria which is
responsible for the interpretation of laws. The other two are the
executive and the legislature.
The judiciary is the guardian and protector of fundamental human
rights as well as the arbiter of disputes among all levels of
government. This is why the judiciary ought to independent so as to
be free to perform its functions without fear or favour. This is
the primary goal of separation of powers — to enable the three arms
of government to be functionally independent of each other.
But despite the constitutional provision, the judiciary is still
dependent on the executive (governors at the state level) for their
funding.
President Muhammadu in May 2020 signed an executive
order granting financial autonomy to both the
judicial and the legislative arms of government.
The president’s decision was met with commendation, especially
from the judiciary but state governors expressed concerns over its
constitutionality and financial implications.
The gazetting of the order was, however, suspended after the
president met with the governors.
HOW IS THE JUDICIARY FUNDED?
It is important to understand how the state judiciary in Nigeria
currently operates.
The judiciary is funded through the state ministry of
finance.
Explaining how it is being funded by the ministry of finance,
Jimoh Alonge, treasurer of the union, told TheCable that “as a
chief judge of a state, you don’t have right over employing or
replacing workers even if you are short of manpower. It is the
governor that does that. Judiciary workers salary is prepared in
the state ministry of finance. Meaning if a staff dies or retires,
they just remove his name from the payroll. There is a state
presently that had about 2000 or more workers but as we speak, they
have just about 600 workers because the state government did not
allow them to replace workers.”
CONSTITUTIONAL PROVISIONS
A lot of people think the Executive Order 10 gave birth to the
clamour for financial autonomy for the judiciary. But financial
autonomy of the judiciary has been in the Constitution of the
Federal Republic of Nigeria since 1999.
This is clearly stated in section 81(2) (3), section 84 (1),
(2), (3), (4) (7), 121(3) and section 162(9) of the
constitution.
The constitution clearly states that any amount standing to the
credit of the judiciary in the federation account/consolidated
revenue fund of the federal and state governments shall be paid
directly to the heads of courts concerned.
LEGAL ACTION BY JUDICIARY STAFF UNION OF NIGERIA
(JUSUN)
In 2013, JUSUN instituted a suit marked: FHC/ABJ/CS/667/13
against the National Judicial Council (NJC), the attorney-general
of the federation and the attorney-generals of the states seeking
judicial autonomy.
On January 14, 2014, Adeniyi Ademola, judge of a federal high
court in Abuja, gave judgment in favour of the union.
Among the reliefs granted, Ademola made “a declaration that the
2nd-74th defendants’ failure, neglect and/or refusal to pay the
Funds/Amount standing to the credit of the States’ Judiciary is a
constitutional breach which has to be abated forthwith.
“That an order is hereby made that the piece-meal
payments/allocation of funds through the states’ ministry of
finance to the state’s judiciary at the 2nd-74th defendants
pleasure is unconstitutional, unprocedural cumbersome, null, void
and be abated forthwith.”
The judge also made an order mandating the 2nd-74th defendants
to comply with the provision of section 162(9) of the 1999
constitution in the disbursement of funds to the head of courts
forthwith.
FINANCIAL AUTONOMY JUST FOR JUDGES?
Alonge said: “If there is autonomy, it covers everyone in the
judiciary.”
“When you make a budget, you have capital and recurrent. The
recurrent comprises salaries of workers and overhead cost of
running the courts. The capital includes financing projects, buying
cars and some other things. Autonomy is not only for the judges. In
fact, the control of these funds is directly by the chief registrar
of a state who is the chief accounting officer. The judges don’t
even touch money. The CJ can only give instructions on what to do.
He is not a signatory to the account.”
STATES THAT HAVE IMPLEMENTED AUTONOMY
Since the commencement of the strike, some state governors have
come out to declare their support for a financially independent
judiciary.
While Bala Mohammed, governor
of Bauchi, and Babajide Sanwo-Olu,
governor of Lagos, promised to implement
autonomy for their state judiciary, Nyesom Wike, governor
of Rivers, and Abdullahi Ganduje,
governor of Kano, said their state judiciary
already enjoy full autonomy.
Recently, Ifeanyi Okowa, governor of Delta,
also announced that the state’s
judiciary has been accorded full autonomy.
But JUSUN disagrees.
Alonge said: “No state has implemented autonomy for the
judiciary.”
“Okowa’s pronouncement is just a pronouncement. It has not been
put into practice. All the judiciary except Anambra and Nasarawa
state that allows the judiciary prepare their finance before the
state house of representatives, it is the state ministry of finance
that prepares their salaries.”
“So we can say Anambra and Nasarawa state has partially
complied. But all other states have just been making noise.
“Some governors claim that because they buy vehicles for judges,
or sometimes give money for them to go abroad for treatment which
is naturally supposed to come to them directly, they now claim to
have complied with autonomy. That is not autonomy at all. Autonomy
means total independence financially.”
PROPOSAL BY GOVERNORS’ FORUM
There have been meetings with relevant stakeholders in an
attempt to bring an end to the strike.
The Nigeria Governors’ Forum (NGF) set up its own committee
headed by Aminu Tambuwal, Sokoto governor, which subsequently
proposed a template for the implementation of autonomy for the
judiciary.
The governors, in their proposal, sought the creation of a State
Account Allocation Committee (SAAC) to oversee the distribution of
funds to the three arms of government at the state level. They also
proposed the enactment of funds management laws for state judiciary
and legislature.
The law, according to the proposal, will grant each arm “the
power to manage its capital and recurrent expenditure in accordance
with the provisions of Sections 6(5)(a) – (i), 81(3), 121(3) & Item
21(e) of the Third Schedule of the Constitution of the Federal
Republic of Nigeria (As Amended) and other relevant laws”.
The NGF said they will ensure that the states “pass and assent
to the funds management law as well as put in place implementation
structures within a time frame not exceeding 45 days from the date
of signing this document”.
JUSUN has, however, rejected some of the proposals made by the
NGF.
The national working committee (NWC) of the union insisted that
funds due to the state judiciary must be deducted from source
starting from the May 2021 Federal Account Allocation Committee
(FAAC) revenue.
The union said the strike will be called off if that is
done.
HOW DOES IT AFFECT ME?
One may ask: “How does financial autonomy for the judiciary
affect a common man?”
The absence of financial autonomy has made it difficult for some
judges to be impartial in handling cases that involve the executive
(governors). They are at the mercy of these governors because they
determine their finance. After all, ”he who pays the piper,
dictates the tune”.
If autonomy is granted, judges will be free to carry out their
responsibilities without fear or favour. Election petitions could
be determined on merit, justice may no longer be for the highest
bidder.
A taxi driver may not be denied bail because a judge received a
bribe. And judges will fairly try politicians standing trial on
fraud allegations without fear.