JUSUN Strike: Courts Closure Is An Impediment To Access To Justice — CSOs

Not fewer than twenty one (21) Civil Society Organizations under
the aegis of Coalition on Detention and Corrections Secretariat
have reacted to the ongoing strike of the Judiciary Staff Union of
Nigeria, JUSUN, which has led to the closure of Courts since April
6, 2021.

JUSUN is demanding amongst other things, financial autonomy for
the judiciary in the light of Sections 81 and 121(3) of the 1999
Constitution of the Federal Republic of Nigeria and decisions of
Federal High Courts to the effect that all funds due to the
judiciary from the Consolidated Revenue Fund shall be paid directly
to the Heads of the Courts concerned. A subsequent Executive Order
was issued by His Excellency, President Muhammadu Buhari
“Implementation of financial Autonomy of States Legislature and
State Judiciary” on 20th May 2020, yet some State Governors have
failed to implement this fundamental provision of the Law.

The Civil Society Organizations, in a statement made available
to Nairalaw, admit that the demands of JUSUN are pertinent
to the effective administration of justice and its decision for
temporary stoppage of work, is also as of Right, as provided under
Section 30 (6) of the Trade Union (Amendment) Act 2005 and also
Section 18 (1) of the Trade Dispute Act, where the procedure of
settlement as provided under the Act is exhausted and a party is
unsatisfied.

However, they said stoppage of work is a breach of right to
access to justice guaranteed by the constitution. They lamented
that arrests have been made by Security Agencies but because of the
Court closure, arraignment is impossible.

Consequently, detention of inmates have been prolonged and their
rights to dignity of human person and liberty have been
violated

They said, “But like the African proverbs ‘when elephants fight,
it is the grass that suffers.

“While the lack of implementation of the various provisions of
the law on financial autonomy impedes the notion of an independent
judiciary, the temporary stoppage of work also constitutes an
impediment on the Right to access to Justice in Nigeria. The
Judiciary as the last hope of the common man, has not been the
reality since the closure of the courts. Access to justice which is
fundamentally guaranteed by our Constitution has been thrown out in
the mud, arrests have been made by the Police and other law
enforcement agents but arraignment is impossible. This
incapacitation of our justice system, have resulted in extended
remands in custodial centres for awaiting trial inmates or and
other persons in various holding facilities in Nigeria.

The Rights to dignity of Human Person, Personal Liberty and Fair
Hearing as provided for in Sections 34, 35 and 36 of the 1999
Constitution of the federal Republic of Nigeria and Articles 5, 6
and 7 of the African Charter of Human and Peoples Rights have been
severely violated. The strike has put more strain on an already
underfunded and overwhelmed judiciary.

“The attitude of the government towards this unfortunate
situation is underwhelming. According to S.17(2)(e) of the 1999
Constitution, It is the constitutional duty of the State to ensure
independence, impartiality and accessibility to Courts. The
attitude of the Government toward the current state of affairs has
been largely complacent and the liberties of the citizens are now
left at the mercy of state actors. This is unacceptable.”

The Organizations in question are: Hope Behind Bars Africa;
PRAWA;
Prison Fellowship Nigeria; Citizen Gavel; Prisoners Rights Advocacy
Initiative; Network of Probono Lawyers; Human Rights Network
Jigawa; The Probono Center; Jigawa Civil Society Resource Center;
Social Inclusion of the Voiceless and Neglected; Ideal Africa
Foundation; Restorative Justice in Africa and; Human Rights
Network.

Others are Foundation for Justice and Rehabilitation of
Prisoners; Headfort Foundation; Justice and Peace Advocates
Initiative; Gender Perspective and Social Development Center;
Center for Human Right, Fact-finding, Advocacy, Rehabilitation and
Reintegration; The Rehab Foundation; Social Inclusion of the
Voiceless and Neglected; and Hope for Second Chance Foundation.

They call for arrangements to be made so as to identify inmates
whose cases can be administratively attended to and those whose
release maybe applied via virtual proceedings.

They also urged the government to prioritize opening of Courts
and advised the JUSUN to restrategize their approach

“In other not cushion the effect of closure of the courts on
speedy dispensation of justice, it is our advice that immediate
strategies be put in place to access inmates in custody who are
affected by the court closures, identify those that their cases may
be administratively attended to or that may be prioritized for
application for virtual court sitting where the facilities for this
is available.

“We urge the government to prioritize the opening of the courts
bearing in mind the current state of the nation, and the need to
ensure the rule of law and separation of powers as envisaged in a
democratic State. The State Governors must align themselves to the
voice of reason and implement financial autonomy for the judiciary,
as a matter of national urgency. Access to justice is the lifeblood
of any democratic society. This continuous violation must not be
allowed to continue.
We also call on the leadership of JUSUN to review its approach,
strategize and choose a better and more effective way to resolve
this issue.

“While autonomy of judiciary is sacrosanct, the continuous
closure of the courts with no end in sight inhibits the justice
that is being sought.” the CSOs stated.

They also advised that immediately the strike is called off, the
state should do the following:
“Commence a comprehensive approach of fast tracking the court
hearings on all cases including the assignment of specific
magistrates and prosecutors to sit on a day-to-day basis in all
custodial centers especially those with very high number of
awaiting trial persons/non – convicted inmates.

“Effective utilisation of bail and non custodial sanctions by
the courts to help reduce the burden on the custodial centers.

“Engagement of several critical stakeholders to enhance access
to justice for those in custody towards provision of comprehensive
and speedy trial to the affected inmates including the legal aid
council of nigeria, Nigerian Bar Association, Civil Society
Organizations including members organisations of the National Civil
Society Organisations (CSOs) Forum on Corrections and
Detention.”

Not fewer than twenty one (21) Civil Society Organizations under
the aegis of Coalition on Detention and Corrections Secretariat
have reacted to the ongoing strike of the Judiciary Staff Union of
Nigeria, JUSUN, which has led to the closure of Courts since April
6, 2021.

JUSUN is demanding amongst other things, financial autonomy for
the judiciary in the light of Sections 81 and 121(3) of the 1999
Constitution of the Federal Republic of Nigeria and decisions of
Federal High Courts to the effect that all funds due to the
judiciary from the Consolidated Revenue Fund shall be paid directly
to the Heads of the Courts concerned. A subsequent Executive Order
was issued by His Excellency, President Muhammadu Buhari
“Implementation of financial Autonomy of States Legislature and
State Judiciary” on 20th May 2020, yet some State Governors have
failed to implement this fundamental provision of the Law.

The Civil Society Organizations, in a statement made available
to Nairalaw, admit that the demands of JUSUN are pertinent
to the effective administration of justice and its decision for
temporary stoppage of work, is also as of Right, as provided under
Section 30 (6) of the Trade Union (Amendment) Act 2005 and also
Section 18 (1) of the Trade Dispute Act, where the procedure of
settlement as provided under the Act is exhausted and a party is
unsatisfied.

However, they said stoppage of work is a breach of right to
access to justice guaranteed by the constitution. They lamented
that arrests have been made by Security Agencies but because of the
Court closure, arraignment is impossible.

Consequently, detention of inmates have been prolonged and their
rights to dignity of human person and liberty have been
violated

They said, “But like the African proverbs ‘when elephants fight,
it is the grass that suffers.

“While the lack of implementation of the various provisions of
the law on financial autonomy impedes the notion of an independent
judiciary, the temporary stoppage of work also constitutes an
impediment on the Right to access to Justice in Nigeria. The
Judiciary as the last hope of the common man, has not been the
reality since the closure of the courts. Access to justice which is
fundamentally guaranteed by our Constitution has been thrown out in
the mud, arrests have been made by the Police and other law
enforcement agents but arraignment is impossible. This
incapacitation of our justice system, have resulted in extended
remands in custodial centres for awaiting trial inmates or and
other persons in various holding facilities in Nigeria.

The Rights to dignity of Human Person, Personal Liberty and Fair
Hearing as provided for in Sections 34, 35 and 36 of the 1999
Constitution of the federal Republic of Nigeria and Articles 5, 6
and 7 of the African Charter of Human and Peoples Rights have been
severely violated. The strike has put more strain on an already
underfunded and overwhelmed judiciary.

“The attitude of the government towards this unfortunate
situation is underwhelming. According to S.17(2)(e) of the 1999
Constitution, It is the constitutional duty of the State to ensure
independence, impartiality and accessibility to Courts. The
attitude of the Government toward the current state of affairs has
been largely complacent and the liberties of the citizens are now
left at the mercy of state actors. This is unacceptable.”

The Organizations in question are: Hope Behind Bars Africa;
PRAWA;
Prison Fellowship Nigeria; Citizen Gavel; Prisoners Rights Advocacy
Initiative; Network of Probono Lawyers; Human Rights Network
Jigawa; The Probono Center; Jigawa Civil Society Resource Center;
Social Inclusion of the Voiceless and Neglected; Ideal Africa
Foundation; Restorative Justice in Africa and; Human Rights
Network.

Others are Foundation for Justice and Rehabilitation of
Prisoners; Headfort Foundation; Justice and Peace Advocates
Initiative; Gender Perspective and Social Development Center;
Center for Human Right, Fact-finding, Advocacy, Rehabilitation and
Reintegration; The Rehab Foundation; Social Inclusion of the
Voiceless and Neglected; and Hope for Second Chance Foundation.

They call for arrangements to be made so as to identify inmates
whose cases can be administratively attended to and those whose
release maybe applied via virtual proceedings.

They also urged the government to prioritize opening of Courts
and advised the JUSUN to restrategize their approach

“In other not cushion the effect of closure of the courts on
speedy dispensation of justice, it is our advice that immediate
strategies be put in place to access inmates in custody who are
affected by the court closures, identify those that their cases may
be administratively attended to or that may be prioritized for
application for virtual court sitting where the facilities for this
is available.

“We urge the government to prioritize the opening of the courts
bearing in mind the current state of the nation, and the need to
ensure the rule of law and separation of powers as envisaged in a
democratic State. The State Governors must align themselves to the
voice of reason and implement financial autonomy for the judiciary,
as a matter of national urgency. Access to justice is the lifeblood
of any democratic society. This continuous violation must not be
allowed to continue.
We also call on the leadership of JUSUN to review its approach,
strategize and choose a better and more effective way to resolve
this issue.

“While autonomy of judiciary is sacrosanct, the continuous
closure of the courts with no end in sight inhibits the justice
that is being sought.” the CSOs stated.

They also advised that immediately the strike is called off, the
state should do the following:
“Commence a comprehensive approach of fast tracking the court
hearings on all cases including the assignment of specific
magistrates and prosecutors to sit on a day-to-day basis in all
custodial centers especially those with very high number of
awaiting trial persons/non – convicted inmates.

“Effective utilisation of bail and non custodial sanctions by
the courts to help reduce the burden on the custodial centers.

“Engagement of several critical stakeholders to enhance access
to justice for those in custody towards provision of comprehensive
and speedy trial to the affected inmates including the legal aid
council of nigeria, Nigerian Bar Association, Civil Society
Organizations including members organisations of the National Civil
Society Organisations (CSOs) Forum on Corrections and
Detention.”