Kogi CJ removal: Judicial workers threatens to shut courts, tribunals nationwide

Judicial workers in the country under the auspices of the
Judiciary Staff Union of Nigeria (JUSUN) has threatened to disrupt
courts activities, as well tribunal setting across the country if
the planned removal of the Chief Judge of Kogi state, Justice Nasir
Ajanah is carried out.

The Kogi State House of Assembly on Wednesday recommended the
removal of the Chief Judge who has been having running battle with
the state Governor, Yahaya Bello over none remittance of accrued
revenue to the judiciary in the state which has led to five month
old strike by workers in the sector.

The Governor had earlier vowed to remove the CJ by all
means.

National President of JUSUN, Comrade Marwan Mustapha Adamu said
such recommendation is null and void and cannot stand the test of
time and Warner that the union will not guaranteed industrial
harmony in the nation judiciary, as her members would be withdrawn
from all courts in the country should the governor be allow to
carry out his evil motive of removing the Chief Justice.

Comrade Mustapha said “we condemned this wicked recommendation
for the removal of the Chief Judge of Kogi state, Justice Nasir
Ajanah by the State House. We warned against total shut down of
nation judiciary in solidarity with our members in the state who
have being on strike for five months over this matter and also that
the matter is pending in Court.

“We see this action by the lawmakers as an affront to the
Judiciary and against doctrine of separation of powers as enshrined
in the 1999 constitution as amended. We also believe that for the
Assembly to even deliberate on the matter is subjudice, since the
issue is before the court.

“The national headquarters of the union had earlier seek for
audience with the Governor on how best to resolve the matter but
all do not avail”.

The Nation gathered that judicial workers in the state have been
on strike since December 2018 over non remittance of funds accruing
to the state Judiciary resulting in eight months accumulated salary
arrears.

The workers last month approach the National Industrial Court
which they consider as only hope to common man, asking the court to
determine “Whether Kogi State Judiciary is not entitled to, as of
right, certain amounts in the Consolidated Revenue Fund of the
state?

They also want the court to decide whether the fund payable to
the heads of courts in line with Section 231(3) of the 1999
constitution (as amended) and Section 5 of the Kogi State Public
Finance (Judiciary Special Provisions) Law No 6 of 1991 and Whether
the governor and his appointees, joined in the case have the power
or right to withhold the Judiciary’s funds and thereby failing in
the payment of monthly salaries, allowances and emoluments of
judiciary staff.

They also asked the Industrial Court to decide “Whether the
Executive arm can place such conditions as staff screening, staff
data capturing, table payment or any other condition, as a
prerequisite for the release of the funds without respect for the
doctrine of Separation of Powers, as envisaged by the constitution
the Kogi State Public Finance Law?’’

The union also urged the court to determine whether the
Executive arm had the powers or constitutional right to usurp the
powers of the JSC, by scheming to take over payment of judiciary
staff salaries and other emoluments without reference to and
approval of the Commission.

It also sought the determination of the Industrial Court whether
on the other hand, the Chief Judge and other heads of courts had
received any subvention since July 1, 2018, and have refused to pay
the salaries and emoluments of staff.

JUSUN therefore urged the court to declare that subject to the
provisions of the constitution and laws of Kogi State, amounts
standing to the credit of Kogi State Judiciary in the Consolidated
Revenue Fund of the state, be paid directly to the heads of
courts.

It also urged the court to declare that the Executive lacked the
power to withhold funds accruing to the Judiciary, and its
continued refusal to remit such funds were unconstitutional,
illegal, ultra vires, wrong, null and void; and of no effect.

The union further asked for an order of the court directing the
full payment of the accumulated eight months subvention owed the
three courts and the JSC.

JUSUN also urged the court to restrain the executive from
“taking steps that tend towards usurping the powers of the JSC in
terms of payment of emoluments and discipline of judiciary
staff’’.