As theJudiciary Staff Union of Nigeria (JUSUN) commenced a nationwide industrial action Tuesday, Chief Justice of Nigeria (CJN) Ibrahim Tanko Muhammad has explained reasons he would not persuade governors to meet the workers’ demands.
The judiciary workers paralysed court activities nationwide following the refusal of the state governors to comply with the Executive Order 10 which gives financial autonomy to the state judiciary, as well as several court judgements affirming same.
The strike followed the expiration of a 21-day ultimatum given by the judiciary workers which elapsed Monday.
The union has had running battles with the governors on the interpretation of Section 121 sub section 3 and other sections dwelling on the independence of the judiciary.
The union in 2014 secured a judgement at the Federal High Court, affirming her position on the financial autonomy of the judiciary.
However, the judgement was neither obeyed nor appealed by the governors.
Consequent upon this, they commenced the strike Tuesday because Monday April 5, 2021 was a public holiday marking Easter celebration.
CJN
Addressing JUSUN officials at a meeting which held at the Supreme Court premises Tuesday, Justice Muhammad pleaded with the striking judiciary workers to call off their industrial action.
USUN’s delegation to the meeting, it was gathered, was led by its national treasurer, Mr Jimoh Musa Alonge.
Speaking to the delegation, the CJN said efforts would be made to ensure the states complied with the EO10.
CJN’s media assistant, Mr Ahuraka Isah, in a statement quoted Justice Muhammad as saying he would not be able to persuade the governors to comply with the order because of his position.
He said: “The unintended sufferers of this strike are better imagined than seen. It has spiral effects, including our children, the Federal Judiciary which is a lesser culprit.
“Ordinarily, I would say let me talk to individual 36 state governors, which amount to asking for their favours. But, some of them would ask me to do them favours in return. This is why, as a judge, I am prohibited from asking for favour.”
It was gathered that JUSUN President, Mr Marwan Adamu was absent at the meeting following his involvement in an auto crash while travelling from Kano to Abuja for the parley.
The statement also quoted Alonge as promising the CJN that his suggestions would be tabled before the JUSUN’s 19-member National Executive Council (NEC) before a decision is taken.
This, he said was because three NEC members attended the meeting with the CJN.
“We have to table the CJN’s fatherly advice before our NEC meeting and consequently get back to his lordship,” the statement quoted Musa as saying.
Courts shut down
And in line with its threat, JUSUN shut down courts and related departments nationwide.
Speaking to Blueprint in Abuja, JUSUN’s national treasurer, Comrade Alonge, said the union would continue with the action until and when her demands were met.
Alonge said despite several communications with the government on the issues in contention, they chose to keep mute on the matter.
He also spoke on the union’s meeting with the CJN.
“Up till this day, we have not gotten what we wanted. The issue at stake is Section 121 sub section 3 of the 1999 Constitution which most of the governors swore to uphold. They promised to uphold that section of the constitution, but surprisingly they are not, which is an impeachable offence.
“The section of that constitution says money meant for the Judiciary should be handed over to the head of courts in the various states. They have refused to do that and in that light, we went to Federal High Court to interpret that section of the constitution, we got a judgement in that matter and it has not been appealed against. Up till this moment we are talking, none of the governors has appealed against that judgement, so it is still subsisting.
“Even before then, we have been fighting this issue of the independence of the judiciary. It got to some extend that the Federal Government intervened, the Accountant General of the Federation intervened. There was supposed to be deduction from source but some of the governors intervened and promised to do the needful in various states. We obliged them but to our dismay, 80 to 90 per cent of the governors are not doing what we expect of them.
“We complained to the president of the country, in a letter we sent to him. We availed him of all our problems, we documented it, sent it to him and graciously, the president listened to us and formed a committee to look into the autonomy of judiciary in the country.
“The committee came up with a result and that the money meant for Judiciary should be given directly from the source. The president thereafter came up with Executive Order 10 to make sure it works, so judiciary will pick up again in this country.
“But the governors came together and they are thwarting this effort. That we cannot take anymore. If a constitutional provision is amended and an order is given by the president of this country, and some groups of people come together and think they are tin-god, that they cannot respect the constitution, we would take the bull by the horn and fight for our right. The last result of a union’s patience is strike and that is what we have started and we are not going back until our demand is met,” Alonge said.
Giving further insight into their meeting with the CJN, the union leader said: “We met with the Chief Justice of Nigeria today; we just came out of the meeting with him. He showed his dismay and surprise that all these happenings were not channelled to him. After explanation, he reasoned with us and he was satisfied with our demands, it’s our right, it worth fighting for but he appealed in the interest of the country, as a father would do, for us to find a better way of resolving this matter by soft landing.
“But as we rightly know, what we are demanding for is not in the hands of Chief Justice of Nigeria to give. So, you cannot give what you don’t have, but he has appealed to us and we have promised him we are going to call our NEC meeting for Thursday-Friday to discuss his appeal to them, and whatever comes out, we would let him know.
“But for now, the strike is on and will continue until our demands are met, no retreat, no surrender”.
On compliance to the directives of the union’s NEC, Comrade Alonge declared: “The strike is total and 100 per cent compliant, all over the country. If you listen to news and go round, you will find out that all courts, across the country; all federal courts have been shut down, total compliance.”
Niger
In a related development, the Niger state chapter of JUSUN said governors as heads of executive arms of government lack respect for the judiciary.
It said they only run to the courts when facing impeachment or election tribunal.
The state chairman of the union, Mr Mahmud Amin, said this in Minna while enforcing the nationwide strike by the union.
Amin, who is also the union’s national legal adviser, spoke in an exclusive interview with one of our reporters.
He said: “The three arms of government, the executive, legislature and judiciary are supposed to work together as government with mutual respect for each other. In Nigeria, the executive only respects judiciary when it comes to issue of election tribunal. When there is election they run to judiciary or when they are facing impeachment. This is the only time they know the path to judiciary.”
He expressed disappointment over Niger state Governor Abubakar Sani Bello’s claims of partial implementation of financial autonomy of judiciary in the state, explaining that such arrangement can never be acceptable to the union.
“By the law, there is nothing like partial autonomy. You either follow the law absolutely or you abolish the law. The issue of partial does not even arise. We do not know what they mean by partial because by the rules, there is nothing like partial. You either follow the law or you ignore it. The partial implementation of financial autonomy for judiciary the governor referred to is strange and alien to us. We do not believe in it.”
Ondo
Also in Ondo state, members of the union joined the indefinite nationwide strike.
The State High Court, Appeal Court, Magistrates Courts and the Federal High Court in Akure were shut down by the workers, led by the state JUSUN chairman, Comrade Femi Afolabi.
In Akure, the state capital, some lawyers and litigants returned home disappointed as they met gates of the courts locked by JUSUN officers while staff of the Federal High Court were forced out of the premises.
There was also total compliance in the north-west, north-east, south-south, south-east, north-central and south-west states of Nigeria.
ASUP explains polytechnics shutdown
Meanwhile, the Academic Staff Union of Polytechnics (ASUP) has said the union decided to shut down polytechnics nationwide due to the sorry state of the polytechnics and federal government’s failure to respond to series of letters from the union.
ASUP National President Comrade Anderson Ezeibe told journalists that the union’s decision to withdraw services was reached at its 99th National Executive Council (NEC), held in Katsina state a fortnight ago.
Some of the issues under contention, according to him are; non-implementation of NEEDS assessment report of 2014 nor release of any revitalisation fund despite assurances since 2017, non reconstitution of governing councils, non release of 10 months arrears of minimum wage, non-payment of salaries in some state polytechnics.
Others are continued victimization of union officials, non establishment of a commission to bridge regulatory gaps in the sector, non implementation of the approved 65 years retirement age by some state governments, claims of purported tax liabilities, opaque operations in the deployment of the Integrated Personnel Payroll Information System (IPPIS).
Also under contention are non release of arrears of promotion, renewed attempts to insert “offensive” provisions in the scheme of service and conditions of service, and alleged plans to force ASUP members in some monotechnics out of the union.
While noting that the 15-day ultimatum issued to the federal government since March 2020 had long expired, he explained that the union decided to give the government enough time to address the issues raised, and to also help its students.
Ezeibe, however, lamented that government perceived its decision as a sign of weakness, adding that new issues of concern had developed as a result of government’s negligence to the polytechnic sector.
He said: “Today therefore marks day 1 of the execution of the resolutions of our union as already, academic activities have been shut down in all programmes run in polytechnics and like institutions across the nation effective 00.00 hrs of 6th April, 2021.”
“These issues as communicated to the government represent issues of industrial conflict in the sector with some assuming intractable dimensions and robbing the sector of the desired impact in the nation’s quest for technological development.
“We therefore appeal to the Nigerian public to show understanding and support the effort of our union in this direction as government is yet to demonstrate any seriousness in resolving the issues as listed,” ASUP pleaded.
