JUSUN on the turf again!

The judgment has all the characteristics of a valid judgment as it was delivered in writing in the open court, within time and above all, it was confined to issues raised and the claims sought.As at the time of filing this report, the judgment debtors have not yet appealed against that decision. Hence, the judgment […]

The judgment has all the characteristics of a valid judgment as it was delivered in writing in the open court, within time and above all, it was confined to issues raised and the claims sought.
As at the time of filing this report, the judgment debtors have not yet appealed against that decision. Hence, the judgment of Ademola  being a court of competent jurisdiction should be complied with immediately or the judgment debtors risk penal consequences of non-compliance with court judgment, which may include judgment summons and committal to prison for disobedience to court orders. This is because there is the need for the court to guard its own judgment jealously by enforcing it.
Having waited patiently albeit in vain for the state executive arms to comply with the order, the National Executive Committee (NEC) of the union held series of meetings where it resolved that the union must embark on indefinite strike until its demands are met, vis-a-vis compliance of the court order by the executive arms of the federal and state governments.
Although the strike began just a few days into the New Year, it has no doubt paralysed the hearing of urgent cases and applications listed for hearing. For instance the strike has stalled arraignments of suspects in criminal cases.
In same vein, ongoing trials can no longer be heard in all courts throughout the federation, with its multiplier effects on fundamental human rights.
Administratively, the strike has paralysed administrative work such as documentation and filing of court processes, filing of new suits, swearing of affidavits, execution of judgments in other court cases and payments and other duties outside litigation. It has equally affected and delayed the preparation and delivery of quarterly returns of judgments and rulings to the National Judicial Council (NJC), Abuja.
Suspects who are remanded in prisons custody pending the hearing and determination of their bail applications have also suffered setbacks as they will remain confined until the strike is called off.
Alas, how does the JUSUN enforce the judgment? Is it by shutting down all the courts nationwide as its members have done since last week? If all judgment creditors were to embark on strike (or use self-help) to enforce court judgment, then the whole machinery of government would have broken down. If JUSUN needs to ensure the implementation of the judgment, JUSUN should return to the court and perhaps, sue for contempt.
If the court was closed down when they wanted to seek the interpretation to the provisions of the constitution, how would it have been done?
 It is for this reason that provision has been made for the laws regulating execution of judgments, that is the Sheriffs and Civil Process Act (Cap. 56) Laws of Nigeria (2004) and the Judgments (Enforcement ) rules made there under.
The industrial action has attracted comments from various groups and individuals, especially the legal practitioners. Some believe that JUSUN cannot go on strike on a matter that is not related to an industrial dispute and therefore decried the action, saying it would further delay the quick dispensation of cases, but others have hailed the strike, even though this is not the first time the union is embarking on strike.
General Secretary of the Nigeria Labour Congress, Dr. Peter Ozo-Eson, said the present dispute is a product of a chain of broken promises by the office of the Accountant-General of the Federation (AGF), state governments and other affected government agencies.
He said: “A year ago, a court of competent jurisdiction entered a judgment in favour of JUSUN by directing the AGF to deduct money and pay the National Judicial Council as part of the process of directly funding the judiciary, which in our view further strengthens democracy in Nigeria.’’
 He said the congress noted that direct funding of the Judiciary is a constitutional right, which has been further strengthened by a judicial pronouncement.
 “We therefore call on the Attorney General of the Federation and all the Attorneys General of the states to respect this judgment. It is saddening that these law officers are seen to be breaking the law in such a brazen manner and at a time like this. Financial autonomy for the judiciary is non-negotiable,” he said.
President of Nigerian Bar Association Augustine Alegeh (SAN) said JUSUN had a good cause because there was a valid court’s judgment in its favour, but the effect of the strike action on the masses was however enormous.
He urged the striking workers to go back to work in the interest of the masses and urged the union to employ other workable means of getting the court’s judgment complied with and implemented.
He said: “We appreciate the position of JUSUN, but it is important to note that the defendants in the suit are not the only users of the courts; the courts are also accessible to other members of the public.
 Chairmen of the Lagos, Ikeja and Ikorodu branches of the NBA, Mr. Alex Muoka, Mr. Yinka Farounbi and Mr. Dotun Adetunji Muoka, respectively lamented that the development is painful, adding  that the strike action had affected activities of lawyers in the country.
‘’We support the demands that JUSUN is making. So, it is now for the government to abide by the decision of the court on financial autonomy for the judiciary,” he said.
He however, appealed to government to implement the court’s judgment in the interest of Nigeria.
Stakeholders are awaiting timely resolution of the dispute, he also said, adding that the nation cannot afford to have the courts shut as the 2015 elections approach.
The Commissioner for Information in Abia State, A.B. C. Agbazuere however distanced the state from any legal or financial obligation in the ongoing industrial dispute between judicial workers and government over the autonomy of the judiciary.
Agbazuere, who spoke with Daily Trust on telephone, stated that the issue of judicial autonomy is a dispute between the judicial workers and the federal government.
 “Look, I am a Doctor of Law so I know that this issue does not involve the states. If the federal government decides there in Abuja to change the law and grant the judiciary autonomy what will the state do about it?,” he noted.
The suits by JUSUN and Lagos-based human rights activist, Olisa Agbakoba (SAN), had challenged the inclusion of funds accruing to the judiciary from the Consolidated Revenue Funds as part of the budget estimates of the executive arm. This, he contends, is a violation of sections 81(2).
In a statement yesterday, the Attorney General of the Federation (AGF) Mr. Mohammed Bello Adoke SAN said that the Federal Government is not in breach or violation              of the Court judgment.
He added that  the strike is actually directed at State       governments that are yet to comply with the judgment and that Federal Courts are thus only on sympathy strike with their state counterparts.
According to him,, the Supervising Minister of Labour and Productively has been working assiduously with relevant stakeholders to resolve all the challenges that may have militated against the implementation of the judgment of the court.
His words, “The FG acknowledges the imperative of an efficient and effective judiciary to our democratic consolidation and is doing all that is within its constitutional powers to ensure full implementation of the judgment.”