Financial Autonomy: JUSUN May Call Off Strike This Week — NBA President, Olumide Akpata

*Lauds Lawyers For Their Patients And Supports

As the strike of the Judiciary Staff Union of Nigeria(JUSUN)
enters its eight week, there are indications that JUSUN may call
off the industrial action this week based on the terms agreement
reached by stakeholders to the conflict.

President of the Nigerian Bar Association(NBA), Mr Olumide
Akpata, in a statement, said that the 36 state governors of the
Federation are expected to remit the April 2021 allocation to the
state judiciaries immediately.

Besides, a law known as Funds Management Law detailing the
modalities for implementation of effective financial autonomy for
the Judiciary will be enacted by all States of the Federation
within 45 days from the date of agreeing the action plan.

Once the state’s judiciaries receive their April allocation,
JUSUN is expected to call off their strike.

The following is the full statement from Mr Akpata:

REPORT FROM THE PRESIDENT OF THE NIGERIAN BAR
ASSOCIATION ON THE INDUSTRIAL ACTION BY THE JUDICIARY STAFF UNION
OF NIGERIA (JUSUN)

Dear Colleagues,

As you are already aware, on 6th April 2021, Courts across
Nigeria were shut down due to the strike action by members of the
Judiciary Staff Union of Nigeria (“JUSUN”) who are pressing home
their demands for full financial autonomy of the Judiciary. As at
today, the strike is set to enter its 8th week.

No doubt, the strike action has taken its toll on our
members whose activities revolve around the court system. The
situation is unfortunate but as you will note from my narrative
below, whilst the Nigerian Bar Association (“NBA”) did not agree
with the timing of the strike, we could not have stood back once
the strike action began. This is because of the primacy of the
issue in dispute and its connection with our core objectives as an
Association.

Hence, as you would recall, just before the strike took
effect, I had, in my statement of 5th April 2021 pleaded with
members of JUSUN to reconsider proceeding with the strike action at
the time, given that the Judiciary was particularly affected by the
Covid-19 pandemic-enforced lockdown last year, and was just
beginning to return to something that seemed like normalcy. While
acknowledging the merits of the grievances of JUSUN, I had also
pleaded with the leadership of JUSUN to re-think the timing of the
strike given the economic threat it posed to many of our members,
as well as members of the public who earn a living from, or use,
the court system.

As it turned out, those entreaties were not heeded by the
leadership of JUSUN which had made up its mind to embark on the
strike for good measure and for the benefits that it portends for
our Judiciary. After further consultations with a cross-section of
members of the Bar and a reconsideration of the situation by the
National Officers of the Nigerian Bar Association (“NBA”), the NBA
resolved to support the demands of JUSUN the kernel of which
resonates with the NBA’s core mandate of promoting the Rule of
Law.

Following this, I had directed Chairmen of our various
Branches to proceed on call-to-action visits to the Governors of
their States in, and about the Federation, and to make a demand for
the enforcement of the financial autonomy of the Judiciary. Those
efforts no doubt, helped to put the issue on the front-burner of
public discourse and elicited the intervention of all relevant
stakeholders.

As part of the larger strategy of resolving the industrial
dispute, I set up an advisory team, led by the 1st Vice President,
John Aikpokpo Martins, to interface with JUSUN and all other
relevant stakeholders towards resolving the labour impasse and to
facilitate the prompt reopening of our courts. That team has since
been engaging with all relevant stakeholders, participating in all
the negotiation meetings (held at the instance of the Honourable
Minister of Labour & Employment) as well as meeting, on a weekly
basis, with the JUSUN team with a view to providing them with
necessary guidance and advice as they considered their position
vis-à-vis the aforementioned negotiations.

As the strike enters its 8th week, I am happy to inform us
that there is finally some light at the end of this avoidable
tunnel. Following an all-stakeholders conciliation meeting held on
Thursday 20th May 2021, an action plan was agreed to by all the
parties for the immediate implementation of the financial autonomy
of the Judiciary, particularly in the States.

The highlights of that agreement include:

that the State Governors shall commence the implementation
of the agreement reached, pursuant to the aforementioned
negotiations, by immediately remitting to the Judiciary, in their
respective States, the allocation due for the month of April
2021;

that JUSUN will suspend the strike immediately upon receipt
of the said allocation by the various State Judiciaries; and in
order to institutionalize this commitment, a Fund Management Law
detailing the modalities for implementation of effective financial
autonomy for the Judiciary will be enacted by all States of the
Federation within 45 days from the date of agreeing the action
plan.

In light of the foregoing and in the expectation that all
the parties will continue to exhibit utmost bona fides, we can,
with cautious optimism, anticipate that the strike action will be
suspended in a few days and all courts in the land will
consequently be reopened.

While commending our members for their remarkable
perseverance during the JUSUN strike action, I must also empathize
with members of the public who have had to bear the social and
economic cost of the protracted strike action in one way or the
other. In these extremely perilous times, the hardship that this
strike action has occasioned, for members of the public as well as
for Lawyers, can only be better imagined. I am however confident
that when the objective of this strike action is achieved,
posterity will remember us all kindly for enduring this hardship in
the interest of a worthy cause that will, ultimately, better the
lot of our Judiciary and by extension our nation Nigeria.

It is difficult to think of the independence of the
Judiciary when that institution, which remains the last line of
defence for our democracy and indeed the last hope for the common
man, is not financially independent and autonomous. Let us
therefore give ourselves a pat on the back for rising to the
occasion when it mattered most, not only in the interest of our
esteemed profession, but also in the interest of our democracy and
Nigeria at large. We all agree that there are many issues with the
Judiciary in Nigeria, but I am convinced that resolving the issues
around financial autonomy and independence of the Judiciary would
be a decent start towards the journey of overhauling that
institution.

While I continue to solicit your patience and support,
please be assured that my team and I will continue to follow up, on
the stated commitments, with all the relevant stakeholders with a
view to ensuring that the strike action is called off as
proposed.

I thank you for your attention.

OLUMIDE AKPATA
President
22nd May 2021

*Lauds Lawyers For Their Patients And Supports

As the strike of the Judiciary Staff Union of Nigeria(JUSUN)
enters its eight week, there are indications that JUSUN may call
off the industrial action this week based on the terms agreement
reached by stakeholders to the conflict.

President of the Nigerian Bar Association(NBA), Mr Olumide
Akpata, in a statement, said that the 36 state governors of the
Federation are expected to remit the April 2021 allocation to the
state judiciaries immediately.

Besides, a law known as Funds Management Law detailing the
modalities for implementation of effective financial autonomy for
the Judiciary will be enacted by all States of the Federation
within 45 days from the date of agreeing the action plan.

Once the state’s judiciaries receive their April allocation,
JUSUN is expected to call off their strike.

The following is the full statement from Mr Akpata:

REPORT FROM THE PRESIDENT OF THE NIGERIAN BAR
ASSOCIATION ON THE INDUSTRIAL ACTION BY THE JUDICIARY STAFF UNION
OF NIGERIA (JUSUN)

Dear Colleagues,

As you are already aware, on 6th April 2021, Courts across
Nigeria were shut down due to the strike action by members of the
Judiciary Staff Union of Nigeria (“JUSUN”) who are pressing home
their demands for full financial autonomy of the Judiciary. As at
today, the strike is set to enter its 8th week.

No doubt, the strike action has taken its toll on our
members whose activities revolve around the court system. The
situation is unfortunate but as you will note from my narrative
below, whilst the Nigerian Bar Association (“NBA”) did not agree
with the timing of the strike, we could not have stood back once
the strike action began. This is because of the primacy of the
issue in dispute and its connection with our core objectives as an
Association.

Hence, as you would recall, just before the strike took
effect, I had, in my statement of 5th April 2021 pleaded with
members of JUSUN to reconsider proceeding with the strike action at
the time, given that the Judiciary was particularly affected by the
Covid-19 pandemic-enforced lockdown last year, and was just
beginning to return to something that seemed like normalcy. While
acknowledging the merits of the grievances of JUSUN, I had also
pleaded with the leadership of JUSUN to re-think the timing of the
strike given the economic threat it posed to many of our members,
as well as members of the public who earn a living from, or use,
the court system.

As it turned out, those entreaties were not heeded by the
leadership of JUSUN which had made up its mind to embark on the
strike for good measure and for the benefits that it portends for
our Judiciary. After further consultations with a cross-section of
members of the Bar and a reconsideration of the situation by the
National Officers of the Nigerian Bar Association (“NBA”), the NBA
resolved to support the demands of JUSUN the kernel of which
resonates with the NBA’s core mandate of promoting the Rule of
Law.

Following this, I had directed Chairmen of our various
Branches to proceed on call-to-action visits to the Governors of
their States in, and about the Federation, and to make a demand for
the enforcement of the financial autonomy of the Judiciary. Those
efforts no doubt, helped to put the issue on the front-burner of
public discourse and elicited the intervention of all relevant
stakeholders.

As part of the larger strategy of resolving the industrial
dispute, I set up an advisory team, led by the 1st Vice President,
John Aikpokpo Martins, to interface with JUSUN and all other
relevant stakeholders towards resolving the labour impasse and to
facilitate the prompt reopening of our courts. That team has since
been engaging with all relevant stakeholders, participating in all
the negotiation meetings (held at the instance of the Honourable
Minister of Labour & Employment) as well as meeting, on a weekly
basis, with the JUSUN team with a view to providing them with
necessary guidance and advice as they considered their position
vis-à-vis the aforementioned negotiations.

As the strike enters its 8th week, I am happy to inform us
that there is finally some light at the end of this avoidable
tunnel. Following an all-stakeholders conciliation meeting held on
Thursday 20th May 2021, an action plan was agreed to by all the
parties for the immediate implementation of the financial autonomy
of the Judiciary, particularly in the States.

The highlights of that agreement include:

that the State Governors shall commence the implementation
of the agreement reached, pursuant to the aforementioned
negotiations, by immediately remitting to the Judiciary, in their
respective States, the allocation due for the month of April
2021;

that JUSUN will suspend the strike immediately upon receipt
of the said allocation by the various State Judiciaries; and in
order to institutionalize this commitment, a Fund Management Law
detailing the modalities for implementation of effective financial
autonomy for the Judiciary will be enacted by all States of the
Federation within 45 days from the date of agreeing the action
plan.

In light of the foregoing and in the expectation that all
the parties will continue to exhibit utmost bona fides, we can,
with cautious optimism, anticipate that the strike action will be
suspended in a few days and all courts in the land will
consequently be reopened.

While commending our members for their remarkable
perseverance during the JUSUN strike action, I must also empathize
with members of the public who have had to bear the social and
economic cost of the protracted strike action in one way or the
other. In these extremely perilous times, the hardship that this
strike action has occasioned, for members of the public as well as
for Lawyers, can only be better imagined. I am however confident
that when the objective of this strike action is achieved,
posterity will remember us all kindly for enduring this hardship in
the interest of a worthy cause that will, ultimately, better the
lot of our Judiciary and by extension our nation Nigeria.

It is difficult to think of the independence of the
Judiciary when that institution, which remains the last line of
defence for our democracy and indeed the last hope for the common
man, is not financially independent and autonomous. Let us
therefore give ourselves a pat on the back for rising to the
occasion when it mattered most, not only in the interest of our
esteemed profession, but also in the interest of our democracy and
Nigeria at large. We all agree that there are many issues with the
Judiciary in Nigeria, but I am convinced that resolving the issues
around financial autonomy and independence of the Judiciary would
be a decent start towards the journey of overhauling that
institution.

While I continue to solicit your patience and support,
please be assured that my team and I will continue to follow up, on
the stated commitments, with all the relevant stakeholders with a
view to ensuring that the strike action is called off as
proposed.

I thank you for your attention.

OLUMIDE AKPATA
President
22nd May 2021