The Nation Newspaper

Tag: JUSUN

  • Laudable judgment

    Laudable judgment

    • FG should comply with judgment on fiscal autonomy for judiciary

    The recent judgment of the Federal High Court, Abuja, which ruled in favour of fiscal autonomy for the judiciary, is in tandem with the provision of the 1999 constitution. The judgment was delivered in a suit brought by the Judicial Staff Union of Nigeria (JUSUN). In his judgment, Justice Ademola Adeniyi ordered that the funds in the revenue account of the federation, due to the judiciary, should be paid to the heads of court, as envisaged by section 81(3) of the 1999 constitution. We add that other funds due to important organs of state, like the Independent National Electoral Commission, (INEC), should also be paid directly to them.

    It is absolutely in the common interest of our democracy that the provisions and intent of our constitution should be manifestly obeyed. A situation where the executive, with the connivance of the legislature, abuse the rights and prerogatives of the judiciary with respect to their constitutionally guaranteed independence must stop. Unfortunately, this flagrant abuse of our constitution is experienced at the federal and state levels of government. At the state, most governors view the judiciary as an appendage of their executive powers, and sometimes treat the courts as mere irritants. This too must stop.

    The Nigerian Bar Association (NBA) and the senior lawyers, who have thrown their weight in favour of the ruling of the court, must walk their talk. They can do this by defending the judgment if appealed against, up to the Supreme Court. We also urge the courts not to shy away from asserting their constitutionally guaranteed independence. The heads of courts must stand up to the abuse from the executive, and insist that monies approved in the budget for them, should be released in tandem with the country’s constitution.

    The Attorney-General of the Federation and the states’ attorney-generals must also show interest in this matter. After all, they were first admitted as lawyers before they were appointed as attorney generals by the executive authority; so they have a responsibility to espouse the provisions of the constitution and vehemently defend it. Part of their responsibility to the profession should include standing up for the rule of law and defending the independence and integrity of the judiciary. Indeed, the constitution expressly regards attorney-generals as the Chief Law Officers, and it is only fair to live up their titles.

    It is also expected that a financially autonomous judiciary will rise up to defend her integrity, by being uncompromisingly independent in its judgments. As Nigerians witnessed in recent past, there has been accusations of corrupt influence, within the judiciary; especially with respect to judgments on electoral matters. Our hope, and we believe that of many Nigerians, is that if the judiciary exercises its financial independence, it would be less influenced by the executive, and its judgments will help heal our political process.

    For financial autonomy to be really meaningful, the judiciary must also purge itself of corruption, both of the judicial process and fund management. After all, financial autonomy would mean that the judges and other judicial workers will be better paid, and unless that transforms to comprehensive integrity of the whole process; then it will be of little value.

    Again, financial autonomy should come with prudent management of resources by the heads of the court; as it would be tragic if the heads see such a development as opportunity to help themselves to the commonwealth of their constituency, as we see in the executive and legislative arms. In all, it is heart-warming that JUSUN has prodded a match to constitutionalism.

  • ‘Comply with fiscal autonomy judgment’

    ‘Comply with fiscal autonomy judgment’

    •Lawyer seeks implementation of verdict

    A Senior Advocate of Nigeria (SAN), Sebastine Hon, yesterday urged the Attorney-General of the Federation and Minister of Justice, Mohammed Adoke (SAN), and the Minister of Finance, Dr. Ngozi Okonjo-Iweala, to comply with Monday’s judgment of the Federal High Court, Abuja, which upheld fiscal autonomy for the Judiciary.

    Justice Ademola Adeniyi, in a judgment on a suit by the Judicial Staff Union of Nigeria (JUSUN), on Monday, ordered that funds for the Judiciary in the Federation Account and Revenue Fund be paid to heads of courts.

    In a statement yesterday, Hon hailed the Judiciary for asserting its independence.

    He said the need for financial independence for the Judiciary was long overdue.

    The lawyer urged government agencies connected with the judgment to implement the verdict without delay.

    Hon also hailed Justice Adeniyi for interpreting the law without fear or favour.

    He said: “For the avoidance of any doubt, the Constitution has, in sections 4, 5 and 6 thereof adopt the doctrine of separation of powers, an antiquated but hallowed principle of democratic governance propounded by French scholar, Montesquieu.

    “Thus, in Attorney-General of the Federation vs The Guardian Newspapers Limited (1999) 5 SCNJ 324 at 368-369, Karibi-Whyte, J.S.C., held thus: ‘A notable feature of the amended Constitution …is the distribution of the exercise of government functions among the three principal and separate departments of the Legislature, the Executive and the Judiciary….’ “Accordingly, implicit in the power so vested, the one was not to interfere in the exercise of power of the other except to the extent to which the Constitution confers such powers of interference. “This is the hallowed principle of separation of powers first formulated by Montesquieu.

    “This dictum on the doctrine of separation of powers, which his Lordship gave under the banner: ‘The Nigerian Constitutional Structure’, is important when discussing the powers created under sections 4, 5, and 6 of the 1999 Constitution; for the dictum has set up a general guideline for the interpretation and understanding of Part II of Chapter 1 of the Constitution, which deals with ‘Powers of the Federation.’

    “One major advantage of separation of powers was summed up by his Lordship, Musdapher, J.S.C.(as he then was) in Inakoju vs. Adeleke (2007) All FWLR (Pt. 353) 3 at 146 S.C. as follows: The principle of separation of powers under the Constitution is meant to guarantee good governance and development and to prevent abuse of power.

    “In a monetised and a capitalist-prone world of ours today, money and financial power guarantees independence; and without this all-important element of independence being exercised by the Judiciary, the hype about independence of the Judiciary has turned out to be a fluke.

    “This is not supposed to be, as the three arms of government are equal in the eyes of the Constitution and one is not inferior to the others; and as laudably stated by his Lordship, Musdapher, there cannot be good governance without strict observance of separation of powers.

    “I hereby call on the Federal Government and its agencies concerned with the implementation of this judgment, particularly the Finance Minister and all states’ Finance commissioners, the accountant-general of the federation and his state counterparts, to immediately comply with this judgment.

    “I pledge to defend the JUSUN pro bono (free of charge), should any appeal be filed by any person or authority against this well-delivered judgment. This underscores not only my faith in this judgment, but also in the independence of the Judiciary,” Hon said.

  • Court upholds fiscal autonomy for Judiciary

    •Stops withholding of Judiciary allocations

    The Federal High Court in Abuja yesterday stopped the Federal Government and the 36 states from withholding budgetary allocations of the Judiciary.

    Justice Ademola Adeniyi ordered that funds for the third arm of government be released to the heads of courts.

    He held as unconstitutional the withholding of Judiciary funds by the Executive, saying this constituted a threat to the independence of the Judiciary.

    Justice Adeniyi, who relied on sections 83(1), 212(3) and 162(9) of the Constitution, also held that the provisions should be complied with.

    “The Attorney-General of the Federation (AGF) and the states should act responsibly to avoid a constitutional crisis in this country by ensuring financial autonomy for the Judiciary,” he said.

    He held that the piecemeal allocation of funds to the Judiciary by the executive arms was also unconstitutional.

    The judgement followed a suit instituted by the Judiciary Staff Association of Nigeria (JUSUN).

    Justice Adeniyi said the workers had the right to ask the Federal Government and states to comply with the Constitution as they relate to funding of the Judiciary.

    The defendants included the National Judicial Council (NJC), the Federal Government and 36 states.

    JUSUN was dissatisfied with the way the Federation Account/Consolidated Revenue Fund were being handled, saying this affected their welfare.

    The judge upheld the plaintiff’s argument and declared that the defendants’ failure to pay the fund standing to the credit of the states’ Judiciary in the Federation/Consolidated Revenue Funds to the heads of courts was a violation of constitutional provisions and must stop.

    Justice Ademola ordered the defendants to comply with sections 81(3), 212(3) and 162(9).

    The judge made an order of perpetual injunction restraining the defendants from committing any further breach.

    He said the National Assembly and the Independent National Electoral Commission (INEC) enjoyed independence of funding, adding that same should apply to the Judiciary.

    Justice Ademola ordered that the judgment be served on the accountant-general of the federation and the accountants-general of the 36 states.

    He also ordered that the judgment be served on the Senate president, House of Representatives Sspeaker and speakers of the 36 states.

    The auditor-general of the federation and the auditors-general of the 36 states are also to be served.

    The judge refused the plaintiff’s prayer for a declaration that the defendants were in breach of the Fiscal Responsibility Act, 2007 and the states’ fiscal responsibility laws.

    He held that the states were not under any obligation to implement the Fiscal Responsibility Act because it was a law made by the Federal Government.

  • Judicial workers suspend strike

    The Judiciary Staff Union of Nigeria (JUSUN) in Abuja on Tuesday suspended its two-day old strike.

    The News Agency of Nigeria reports that JUSUN embarked on strike on Monday to demand for the implementation of CONJUSS for federal judicial workers.

    This contained in a communiqué issued at the end of a meeting it held with the Minister of Labour and Productivity, Chief Emeka Wogu, officials Nigeria Labour Congress and leaders of JUSUN.

    Others at the meeting include Office of the Head of Service of the Federation and National Salaries, Income and Wages Commission.

    The statement was signed by JUSUN National President Marwan Adamu, its Secretary, I.M Adetola and Mr. Onyia M. Onyia, NLC’s Assistant General Secretary, Occupational Health/Safety, for labour, respectively.

    The Permanent Secretary, Ministry of Labour and Productivity, Dr. O.C Illoh, the Director, Administration, Federal Judicial Service Commission, Lawan Mani, and S.U. Ukut of National Salaries Income and Wages Commission, signed for Federal Government.

    The Federal Government officials and labour leaders agreed that a committee would be set up to identify the peculiarities associated with the job performed by JUSUN members.

    It stated that the salary structure review should be subjected to the holistic outcome of the White Paper on the Report of the Presidential Salary Harmonisation Committee under the Chairmanship of the Head of the Civil Service of the Federation.

    The communiqué gave a time frame of five months for the process of the White Paper as well as the realisation of issues leading to the issuance of a Circular on the wage.

     

     

  • JUSUN begins nationwide strike

    Activities at the Federal High Court, Lagos, were paralysed yesterday as judicial workers began a nationwide indefinite strike.

    But, the Deputy Chief Registrar of the court, Mr. Bello Okandeji, said the inactivity was not due to the strike but the ongoing conference of judges in Abuja.

    There were no legal proceedings in 11 of the 12 courtrooms in the court complex.

    Okandeji said: “As far as I am concerned, activities of the Lagos Division of this court are disrupted due to the absence of our judges, who are attending a conference in Abuja.

    “Although, I will not deny having knowledge of the strike by the Judicial Staff Union of Nigeria (JUSUN), I cannot categorically say it is the reason the courts are empty.

    “Whether there is an ongoing industrial action or not, I am yet to officially receive instructions to that effect.

    “Until I receive directives from the management, I cannot assume and act on my own volition.”

    Some lawyers expressed dismay at the situation.

    Mr. Femi Oguneye said he was disappointed when a court clerk informed him that the court would not sit.

    He said none of the court clerks was able to give him cogent reasons for the situation, but only adjourned cases.

    Another lawyer, Mr. Chijioke Nwankwo, said he was also disappointed.

    Only Justice Okechukwu Okeke heard a case involving alleged importation of arms and explosives to Nigeria.

    He reserved judgment in the case till April 30.

    Also in Port Harcourt, Rivers State, strike by JUSUN members paralysed activities.

    The union is embarking on the strike to protest the non-implementation of the Consolidated Judicial Salary Structure (CONJUSS) in the courts being operated by the Federal Government.

    The court premises were deserted. None of the judges was around.

    Litigants and lawyers were informed of the development at the gate of the court by the security guards. Those who had no genuine reason to enter the premises were turned back.

    A member of JUSUN, who preferred anonymity, said: “We at the Port Harcourt branch were not aware of the development until we got to the office this morning (yesterday morning) and saw the circular pasted at the entrance.”

    Asked what their grievances were and who pasted the circular, he said he did not know.

    In a five-point communiqué issued at the end of JUSUN’s emergency delegates’ session at the Labour House in Minna, Niger State on March 5, which was pasted at the gate yesterday, members are protesting the failure of the Federal Government to implement CONJUSS in federal courts.

    The document was signed by JUSUN’s National President and General Secretary, Marwan Adamu Mustapha and I.M. Adetola.

    The premises of the Sokoto Appeal Court on Kaduna Road and those of the Federal High Court were deserted and the gates locked.

    The Chairman of the Sokoto State branch of JUSUN, Abdulnasir Mohammed, said the strike followed the non-implementation of CONJUSS by the Federal Government.

     

     

  • We will stall Daniel’s trial – Judicial workers

    The resumed trial of Otunba Gbenga Daniel, the former governor of Ogun State for alleged financial misappropriation, may be stalled by the ongoing strike by judicial workers in the state.

    The News Agency of Nigeria reports that members of the Judiciary Staff Union of Nigeria (JUSUN) had been on strike since October 31 to press home their demand for the implementation of a new salary structure for judicial staff.

    Daniel is currently facing a 28-count charge of alleged financial misappropriation and the case is expected to continue at the state High Court on Friday.

    The union had threatened to prevent judges and lawyers from entering the court.

    Mr. Samuel Adesanya, the President, Ogun State chapter of the union, told the News Agency of Nigeria said in Abeokuta that union had appointed a task force to enforce compliance.

    “We will make sure that no trial comes up tomorrow; the strike will continue until our needs are met,” he said.