The Judiciary Staff Union of Nigeria (JUSUN) has consistently remained firm in its quest for financial autonomy for the judiciary the past few weeks. The State Governors in response to the striking members of JUSUN have pledged to start the implementation of the financial autonomy for the judiciary and legislature by the end of May. What do you think of JUSUN’s demand for financial autonomy? BARBARA NEGBEJIE interrogates.
‘Judicial financial autonomy guarantees the independence of the judiciary’
JUSUN’s demand for judicial financial autonomy is guaranteed by Section 121(3) of the Constitution by which any amount standing to the credit of the judiciary in the Consolidated Revenue Fund of the State is to be paid directly to the heads of the courts. A court judgment and Executive Order 10 affirm it. JUSUN’s industrial action is constitutionally justified, as financial autonomy guarantees the independence of the judiciary.
‘It shall see to a new proactive, active judiciary that will no longer pander to the executive in servitude’
What JUSUN is fighting for is in simple language the full independence of the judiciary. By so I mean that the judiciary should not just be said to be a separate arm or entity different from the Executive but must be seen to be so. The Law expressly provided as encapsulated in the various financial and fiscal policies of the nation that the monetary allocations due to the Judicial arm by way of the approved budget should be amongst the first line charge and deducted at source by the federal government agency concerned i.e. Revenue Allocation And Fiscal Mobilization Committee and released directly to the Judicial arm as is obtainable with the legislative arm. JUSUN is simply telling the state Governors- allow the full financial autonomy of the judicial arm. If such is implemented fully, we shall see the rebirth of a new proactive, active judiciary that will no longer pander to the executive in servitude and the common man will be the winner at long last.
‘The refusal of governments to obey these clear provisions of our fons et origo is without legal foundation and the surest way to emasculate the judiciary’
is without legal foundation and the surest way to emasculate the judiciary’ A clear reading of the provisions of Sections 6, 80 and most importantly Section 81(3) of the Constitution of the Federal Republic of Nigeria, 1999 will show that the action of the 36 state governments across Nigeria Vis a Vis financial autonomy for the judiciary is a clear case of impunity and executive rascality that borders on treason. The above provisions particularly Section 81(3) clearly orders that the funds for the running of the judicial arm of government which is the third tier of government should be paid directly to the respective heads of courts from the consolidated funds. The refusal of governments to obey these clear provisions of our fons et origo is therefore totally without legal foundation and is the surest way to emasculate the judiciary and make them willing tools of the political class, to wit, the executive. The governors are only trying to turn the country into a banana republic and this should be legally resisted. As painful as the strike is to us as practitioners, it has very strong legal foundation.
‘Let the judiciary breathe by granting it a total and absolute autonomy’
The strike is a legitimate action, governments at both Federal and state levels have made a mockery of the concept of separation of power especially with the strangulating hold of Governors on the judiciary. They should lift their knees let the judiciary breathe by granting it a total and absolute autonomy.
‘Financial autonomy for the judiciary will also bring about immense regard for the rule of law’
Financial autonomy for the judiciary is long overdue as far as this nation is concerned. It will not only detach our legal institutions from the apron string of the different levels of government, but will also bring about immense regard for the rule of law: which is best for the sanity of our democracy.
