By P. D. Pius, Esq

Sir,

A CALL TO OCCUPY ALL STATE HOUSES OF ASSEMBLY TO END JUSUN STRIKE AND REOPEN COURTS IN NIGERIA

Mr. President, you will recall that on the 6th day of April 2021 the Judiciary Staff Union of Nigeria (JUSUN) embarked on nationwide strike action calling for full implementation of financial autonomy of the judiciary. It is now well over five (5) weeks that Nigeria has been operating without the third arm of the government, the judiciary.

There is no definite date for the strike to end. Poor and innocent Nigerians are suffering illegal detention without trial as there are no courts to grant them bail or try their cases. There is total absence of justice delivery thereby increasing and worsening insecurity in Nigeria to a boiling point, with no end in sight. I am therefore constraint to make a number of recommendations in line with law for possible quick resolution and reopening of the courts.

There is a consensus of opinion that sections 81(3) and 121(3) of the Constitution of Federal Republic of Nigeria, 1999 (As Amended) provides for financial autonomy of the judiciary and the legislature at both Federal Government Level and State Government level respectively. It is also agreed that whereas the Federal Government has complied with this constitutional provision some Governors are in breach of this provision without any tangible reason since the 4th day of June 2018 when 4th alteration of the Constitution took effect.

It is interesting to note that by the combined effect of section 188(1)(2) and (11) of the Constitution a Governor who is in breach of the provision of the Constitution ought to be removed by the House of Assembly of the state. Indeed the reason for the strike is that some state Governors are in breach of section 121(3) of the Constitution made for the benefit of the State House of Assembly and the Judiciary. Thus, the attention of the Bar should now be directed at identifying the States and marching on the various State Houses of Assembly to demand the enforcement of section 188 of the Constitution by commencing removal proceedings against any such Governor. The provisions of the Constitution should not be subjected to negotiation and the provision of the Constitution has laid down mechanism for its enforcement which does not accommodate strike action at all.

The Bar should stand on side of the law and the Constitution. We should hold the State Houses of Assembly members accountable to Nigerians. We should occupy the State Houses of Assembly and demand that they in turn request the Governors to immediately comply with section 121(3) of the Constitution or a resolution for their removal be passed in tandem with section 188.

I believe that if Nigeria will ever get it right, then the Bar must be bold to demand the application of the law on all persons equally without fear, favour, affection or ill-will. I thank you for the giant leadership of the bar so far. I commend your excellent service to the Bar and I pray my recommendation is well received.

Yours faithfully,

P. D. Pius, Esq.
Abuja, Nigeria
[email protected]

5th May, 2021