JUSUN Strike: When And Why Lawyers Revolt

By Ebun-Olu Adegboruwa, SAN

It is very unusual to see lawyers down their tools, drop those
scary wigs and dreaded gowns and become like the ordinary folks,
seeking employment and placement. I have since read very funny
articles on social media about the kind of trade or business that
lawyers can take up during the period the courts are locked up due
to the current JUSUN strike action. The Judiciary Staff Union of
Nigeria, JUSUN, commenced what initially appeared to be an
inconsequential strike action on April 6, 2021, to press home their
demand for financial independence and autonomy for the judiciary
and indeed the legislative arms of government across the nation.
The thinking of most lawyers and judges at the commencement of the
strike action was that it would fizzle out in the course of time,
given that past attempts by JUSUN did not yield anything
meaningful. But it has been two weeks now and as each day passes
by, the strike action seems to be getting stronger and biting
harder.

There are reports of overcrowded police cells, agitated inmates
awaiting trial in the correctional centres and indeed a general
collapse of law and order in the entire body polity. Coming in the
wake of the coronavirus pandemic, the EndSARS protests and the
desecration of the courts, the JUSUN strike action has totally
paralyzed all judicial activities nationwide. It has never lasted
this long, for all courts across the nation to be locked up at the
same time. The question then is this: how did we get here? Over the
years, lawyers and judges have paid lip service to the issue of
financial autonomy and independence for the judiciary. This was
left for individual activists and non-governmental organisations to
take up on behalf of the legal community. To make matters worse, it
would seem that these selfless entities did not get the desired
cooperation from the judiciary, when it mattered most. It is
surprising indeed, that the issue of locus standi is still a major
setback for the battle against dictatorship and impunity in
Nigeria, after the landmark decision of the Supreme Court in the
celebrated case of Fawehinmi v Akilu. It says a lot about our
commitment to the rule of law and good governance, when judicial
workers take up what ordinarily should be the struggle of lawyers.
Thank God that this particular NBA leadership has taken up the
challenge, with all the actions that the executive has taken since
the strike action began.

Having gone this far and so good, JUSUN should be encouraged to
continue the strike action until concrete actions are taken to end
the captivity of the judiciary by the executive. At its last
executive council meeting, JUSUN directed all its branches to take
up peaceful street protests all over Nigeria, as a way of drawing
public attention to the issues that led to the strike action.
Lawyers have shown tremendous support for the JUSUN strike action.
For instance, the NBA National, Ikeja, Bayelsa, Ota and other
branches of the NBA have staged peaceful protests in solidarity
with JUSUN. This should continue until the judiciary is free
indeed.

There were high hopes initially that the issues would be
resolved, but the meeting slated with the Governors for Wednesday,
April 14, 2021 did not hold, as there was no feedback from the
Governors’ Forum. It just simply shows that the governors have
their own priorities, election related cases having been concluded
and decided. It was in the light of this stalemate that the NBA
President declared as follows:

“… the Chairmen of all the branches of NBA are hereby requested
to effectively mobilize their members and pay visits to their
respective State Governors at the Government Houses on Monday, 19th
April, 2021 to press home the demand for implementation of
financial autonomy for the Judiciary. At the visit, NBA Branches in
each State are to present a joint written demand to their State
Governors requesting full compliance with existing legislative
instruments and court judgments on the financial autonomy of the
Judiciary.

The Chairmen of the NBA Branches are further requested to ensure
that these visits are embarked upon, every subsequent Monday, until
there is full compliance with this demand that is aimed at
strengthening democracy and the dispensation of justice. We trust
that our members will give the leadership of their respective
branches all the support that they require to achieve this much
needed victory for our justice system.”

From all the foregoing, it would appear that the governors hold
the key to ending this strike action, one way or the other. The
federal government has substantially complied with the requirements
of the Constitution in making payments directly to the heads of the
Courts. This much has been confirmed by JUSUN itself, which is why
some have called on JUSUN to unlock all federal courts, but for the
issue of collective solidarity. The other question is this: who are
the governors? Arakunrin Oluwarotimi Akeredolu, SAN, is one of
them. He is a Bar leader per excellence, a Senior Advocate of
Nigeria and a former President of the Nigerian Bar Association. He
is the Chairman of the South-West Governors’ Forum and a member of
the ruling All Progressive Congress. He has influence, access to
power and commands great respect amongst his colleagues, being the
only SAN, in their midst. How can we have Governor Akeredolu in the
midst of governors and the Courts are locked up in order to get
them to obey the Constitution? The same man who has advocated for
the rule of law all his life as a legal practitioner? Wonders shall
never end.

What of Governor Ezenwo Nyesom Wike? A senior lawyer, married to
a judge and himself a member of the very influential Body of
Benchers. How can we have Governor Wike in power in Nigeria and
judges are suffering? He is a leading figure in the opposition
Peoples Democratic Party, so he is not suffering from power fatigue
or intimidation. What of Governor Aminu Tambuwal, a senior lawyer
and a one-time Speaker of the House of Representatives? How can
Governor Tambuwal be amongst the set of people who are caging the
judiciary? What has His Excellency got to hide? Do I mention
Governor Hope Uzodima of Imo State, who was restored to his exalted
position by the Courts? How can this same man turn around to bite
the fingers that fed him so sumptuously? What about Governor Duoye
Diri of Bayelsa State? Is he also among the lot? The man who was
rejected flatly at the polls but still managed to climb to power
through the judiciary? Is he also among those holding the courts
captive? What else does His Excellency want?

Wait a minute! Is Governor Bello Matawalle of Zamfara State also
among the governors holding lawyers and judges to ransom? Does
anyone still remember the history of His Excellency’s ascension to
power? As a beneficiary of the internal crisis within the APC in
Zamfara State, the governor did not so much as campaign or spend
money on electioneering activities, but he still got all the votes
that he did not labour for, all through the courts. He has turned
out to be amongst the lords that we have to plead with to obey the
same Constitution that brought him into power. I can go on and on,
as there is hardly any governor in Nigeria today, who has not
benefited from the judicial system. As we say it within the Bar, if
you fight for the rule of law, the rule of law will fight for you
too. Not long ago, a governor of a State was the subject of a probe
panel by the powers that be, through the house of assembly of that
State. You could predict where the game would end; a final report
that would indict him for corruption and a ban on him from active
participation in politics for a number of years and to stop him
from holding public office. He ran to the Courts, seeking for an
order of injunction to stop the probe. That is how it works, as the
governor today may turn out a plaintiff or a defendant
tomorrow.

What then is the solution? Very simple indeed. The Constitution
in its section 1 says that it is supreme and every other law,
action or policy should be subordinate to the authority of the
Constitution. If we want peace, justice and progress in our land,
then we must all join hands to persuade the governors to do the
needful. They all swore to defend the Constitution, on the day they
were taking the mantle of leadership. It is not fair to us all,
that after they have climbed upon the ladder of the Constitution to
attain power, they should turn around to violate the same document.
The President and the National Assembly have set the good example
to follow through the 4th Alteration to the Constitution. This
document went through all the houses of assembly of all the States
of the Federation, which means the governors were well aware of it
before it was passed into law. They should allow the full
implementation of the 4thAlteration, by granting total autonomy to
the Courts and the legislative houses of the States. We cannot get
the country moving if the judiciary is perpetually under the
influence and control of the executive arm of government, as then
it will cease to be the last hope of the common man and woman.

I therefore suggest that the NBA should spearhead the efforts
towards getting all relevant parties to the roundtable to discuss
and to agree. It is an urgent matter that should concern all of us,
because one way or the other, we all have common issues to deal
with in the courts. So, we should make the judiciary work, so that
the Courts would become functional and effective, to deliver
justice to all manner of people, without ill will, favour or
affection. This was the dream of our founding fathers, which should
not be aborted by those who claim to be running with their visions
but are daily working to distort them. For as long as it takes to
get the courts working, so long the JUSUN strike should continue,
even till year 2023 and beyond. There is nothing we gain from a
judiciary that is groaning under captivity. Lawyers must go beyond
rhetorics and match their words with actions that can end impunity
in our national life once and for all. Enough is enough.

Life without Christ is Crisis

By Ebun-Olu Adegboruwa, SAN

It is very unusual to see lawyers down their tools, drop those
scary wigs and dreaded gowns and become like the ordinary folks,
seeking employment and placement. I have since read very funny
articles on social media about the kind of trade or business that
lawyers can take up during the period the courts are locked up due
to the current JUSUN strike action. The Judiciary Staff Union of
Nigeria, JUSUN, commenced what initially appeared to be an
inconsequential strike action on April 6, 2021, to press home their
demand for financial independence and autonomy for the judiciary
and indeed the legislative arms of government across the nation.
The thinking of most lawyers and judges at the commencement of the
strike action was that it would fizzle out in the course of time,
given that past attempts by JUSUN did not yield anything
meaningful. But it has been two weeks now and as each day passes
by, the strike action seems to be getting stronger and biting
harder.

There are reports of overcrowded police cells, agitated inmates
awaiting trial in the correctional centres and indeed a general
collapse of law and order in the entire body polity. Coming in the
wake of the coronavirus pandemic, the EndSARS protests and the
desecration of the courts, the JUSUN strike action has totally
paralyzed all judicial activities nationwide. It has never lasted
this long, for all courts across the nation to be locked up at the
same time. The question then is this: how did we get here? Over the
years, lawyers and judges have paid lip service to the issue of
financial autonomy and independence for the judiciary. This was
left for individual activists and non-governmental organisations to
take up on behalf of the legal community. To make matters worse, it
would seem that these selfless entities did not get the desired
cooperation from the judiciary, when it mattered most. It is
surprising indeed, that the issue of locus standi is still a major
setback for the battle against dictatorship and impunity in
Nigeria, after the landmark decision of the Supreme Court in the
celebrated case of Fawehinmi v Akilu. It says a lot about our
commitment to the rule of law and good governance, when judicial
workers take up what ordinarily should be the struggle of lawyers.
Thank God that this particular NBA leadership has taken up the
challenge, with all the actions that the executive has taken since
the strike action began.

Having gone this far and so good, JUSUN should be encouraged to
continue the strike action until concrete actions are taken to end
the captivity of the judiciary by the executive. At its last
executive council meeting, JUSUN directed all its branches to take
up peaceful street protests all over Nigeria, as a way of drawing
public attention to the issues that led to the strike action.
Lawyers have shown tremendous support for the JUSUN strike action.
For instance, the NBA National, Ikeja, Bayelsa, Ota and other
branches of the NBA have staged peaceful protests in solidarity
with JUSUN. This should continue until the judiciary is free
indeed.

There were high hopes initially that the issues would be
resolved, but the meeting slated with the Governors for Wednesday,
April 14, 2021 did not hold, as there was no feedback from the
Governors’ Forum. It just simply shows that the governors have
their own priorities, election related cases having been concluded
and decided. It was in the light of this stalemate that the NBA
President declared as follows:

“… the Chairmen of all the branches of NBA are hereby requested
to effectively mobilize their members and pay visits to their
respective State Governors at the Government Houses on Monday, 19th
April, 2021 to press home the demand for implementation of
financial autonomy for the Judiciary. At the visit, NBA Branches in
each State are to present a joint written demand to their State
Governors requesting full compliance with existing legislative
instruments and court judgments on the financial autonomy of the
Judiciary.

The Chairmen of the NBA Branches are further requested to ensure
that these visits are embarked upon, every subsequent Monday, until
there is full compliance with this demand that is aimed at
strengthening democracy and the dispensation of justice. We trust
that our members will give the leadership of their respective
branches all the support that they require to achieve this much
needed victory for our justice system.”

From all the foregoing, it would appear that the governors hold
the key to ending this strike action, one way or the other. The
federal government has substantially complied with the requirements
of the Constitution in making payments directly to the heads of the
Courts. This much has been confirmed by JUSUN itself, which is why
some have called on JUSUN to unlock all federal courts, but for the
issue of collective solidarity. The other question is this: who are
the governors? Arakunrin Oluwarotimi Akeredolu, SAN, is one of
them. He is a Bar leader per excellence, a Senior Advocate of
Nigeria and a former President of the Nigerian Bar Association. He
is the Chairman of the South-West Governors’ Forum and a member of
the ruling All Progressive Congress. He has influence, access to
power and commands great respect amongst his colleagues, being the
only SAN, in their midst. How can we have Governor Akeredolu in the
midst of governors and the Courts are locked up in order to get
them to obey the Constitution? The same man who has advocated for
the rule of law all his life as a legal practitioner? Wonders shall
never end.

What of Governor Ezenwo Nyesom Wike? A senior lawyer, married to
a judge and himself a member of the very influential Body of
Benchers. How can we have Governor Wike in power in Nigeria and
judges are suffering? He is a leading figure in the opposition
Peoples Democratic Party, so he is not suffering from power fatigue
or intimidation. What of Governor Aminu Tambuwal, a senior lawyer
and a one-time Speaker of the House of Representatives? How can
Governor Tambuwal be amongst the set of people who are caging the
judiciary? What has His Excellency got to hide? Do I mention
Governor Hope Uzodima of Imo State, who was restored to his exalted
position by the Courts? How can this same man turn around to bite
the fingers that fed him so sumptuously? What about Governor Duoye
Diri of Bayelsa State? Is he also among the lot? The man who was
rejected flatly at the polls but still managed to climb to power
through the judiciary? Is he also among those holding the courts
captive? What else does His Excellency want?

Wait a minute! Is Governor Bello Matawalle of Zamfara State also
among the governors holding lawyers and judges to ransom? Does
anyone still remember the history of His Excellency’s ascension to
power? As a beneficiary of the internal crisis within the APC in
Zamfara State, the governor did not so much as campaign or spend
money on electioneering activities, but he still got all the votes
that he did not labour for, all through the courts. He has turned
out to be amongst the lords that we have to plead with to obey the
same Constitution that brought him into power. I can go on and on,
as there is hardly any governor in Nigeria today, who has not
benefited from the judicial system. As we say it within the Bar, if
you fight for the rule of law, the rule of law will fight for you
too. Not long ago, a governor of a State was the subject of a probe
panel by the powers that be, through the house of assembly of that
State. You could predict where the game would end; a final report
that would indict him for corruption and a ban on him from active
participation in politics for a number of years and to stop him
from holding public office. He ran to the Courts, seeking for an
order of injunction to stop the probe. That is how it works, as the
governor today may turn out a plaintiff or a defendant
tomorrow.

What then is the solution? Very simple indeed. The Constitution
in its section 1 says that it is supreme and every other law,
action or policy should be subordinate to the authority of the
Constitution. If we want peace, justice and progress in our land,
then we must all join hands to persuade the governors to do the
needful. They all swore to defend the Constitution, on the day they
were taking the mantle of leadership. It is not fair to us all,
that after they have climbed upon the ladder of the Constitution to
attain power, they should turn around to violate the same document.
The President and the National Assembly have set the good example
to follow through the 4th Alteration to the Constitution. This
document went through all the houses of assembly of all the States
of the Federation, which means the governors were well aware of it
before it was passed into law. They should allow the full
implementation of the 4thAlteration, by granting total autonomy to
the Courts and the legislative houses of the States. We cannot get
the country moving if the judiciary is perpetually under the
influence and control of the executive arm of government, as then
it will cease to be the last hope of the common man and woman.

I therefore suggest that the NBA should spearhead the efforts
towards getting all relevant parties to the roundtable to discuss
and to agree. It is an urgent matter that should concern all of us,
because one way or the other, we all have common issues to deal
with in the courts. So, we should make the judiciary work, so that
the Courts would become functional and effective, to deliver
justice to all manner of people, without ill will, favour or
affection. This was the dream of our founding fathers, which should
not be aborted by those who claim to be running with their visions
but are daily working to distort them. For as long as it takes to
get the courts working, so long the JUSUN strike should continue,
even till year 2023 and beyond. There is nothing we gain from a
judiciary that is groaning under captivity. Lawyers must go beyond
rhetorics and match their words with actions that can end impunity
in our national life once and for all. Enough is enough.

Life without Christ is Crisis