Agbakoba backs JUSUN, asks govs to enforce court decision
Former President of the Nigerian Bar Association (NBA), Dr Olisa Agbakoba SAN has thrown his weight behind the 6-day old strike embarked upon by Judiciary staff and called upon state governors to enforce the decisions of the court on the financial independence of the Judiciary.
Agbakoba stated this on Sunday in a letter to Governor Kayode Fayemi of Ekiti State and Chairman of the Nigeria Governors Forum (NGF).
The legal luminary in the letter, which was made available to Daily Trust said state governors should please enforce decisions of the courts and save the country from this chaos in the judiciary.
The Judiciary Staff Union of Nigeria (JUSUN) had on Tuesday, April 6, 2021, embarked on industrial action, thereby shutting down courts nationwide.
The grouse of JUSUN amongst others include state governments’ refusal to implement the fiscal independence of the Judiciary as contained in the 1999 Constitution as amended and non-compliance to with the Court judgments affirming the fiscal independence of the Judiciary.
Agbakoba said: “I am saddened by the avoidable strike action by Judiciary Staff Union of Nigeria (JUSUN) because of the stress it has caused the judicial system. A simple way out is for state governors to observe the rule of law and obey Judgments of the court. Sections 81 (3) and 121 (3) of the Constitution of Nigeria grant financial autonomy to Federal and State Judiciaries.
This has been confirmed by courts in the following cases: 1) JUSUN VS National Judicial Council & Govs of the 36 States in suit No: FHC/ ABJ/CS/667/13 2) Olisa Agbakoba VS FG, NJC & NASS suit No. FHC/ABJ/CS/63/2013 and 3) Olisa Agbakoba VS AG, Ekiti State & 2 others suit No. NAD/56/2013.”
According to Agbakoba, President Muhammadu Buhari has affirmed the decisions of the courts by issuing Executive Order 10 of 2020 in exercise of his powers under Section 5 of the Constitution to ensure execution and maintenance of the law which includes enforcement of decisions of the court.
“JUSUN is absolutely correct to pursue a policy of financial independence of the courts guaranteed by the Constitution and affirmed by three decisions of superior courts of Nigeria,” he said.
Meanwhile, the National Executive Council (NEC) of JUSUN over the weekend directed its chapters and branches nationwide to continue the enforcement of the strike action in all the Courts and judicial institutions across the country.
Comrade Ali Mustapha, JUSUN Organising Secretary, said in a statement that after extensive deliberations, the NEC resolved that calling off of the strike will depend on the positive outcomes of the meetings with Nigeria Governors Forum (NGF) and that of the Minister of Labour and Employment.