NBA Commends JUSUN For Suspending Strike

NBA Commends JUSUN For Suspending Strike 

PRESS RELEASE BY AUGUSTINE ALEGEH, SAN FCIArb [UK] PRESIDENT OF THE NIGERIAN BAR ASSOCIATION ON THE SUSPENSION OF THE STRIKE ACTION BY THE JUDICIARY STAFF UNION OF NIGERIA [JUSUN].

The Nigeria Bar Association commends the decision of the National Executive Committee [NEC] of the Judiciary Staff Union of Nigeria [JUSUN] to call off the nationwide strike action embarked upon by JUSUN to press home its demand for compliance with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 [as amended] on funding of the judiciary as well as to seek compliance with the Federal High Court judgment on the issue in the suit instituted by JUSUN against the National Judicial Council, The Honourable Attorney General of the Federation and the Attorneys-General of the thirty six [36] States of the Federation. JUSUN has suspended its strike action in all Courts at the Federal level on the basis of the assurances and commitment given by FGN to comply fully with the Provisions of Section 81[3] of the Constitution to wit;  Monies due to the Judiciary from the Consolidated Revenue Fund of the Federation shall be paid to the Heads of Court on a monthly or quarterly basis.   The practice of requiring the judiciary to process approvals through the Executive arm of Government shall cease forthwith.    Compliance will take effect from January, 2015.  No member of JUSUN will be penalised and/or denied their January, 2015 salaries for embarking on strike action. JUSUN has also decided to suspend its strike action at the State level upon confirmation by individual State Governments of commitment to comply fully with the provisions of section 121[3] of the Constitution on funding of the State Judiciary. Instructively, JUSUN has not insisted on any formal documentation of this commitment to comply with the Constitutional provisions.

JUSUN has shown its willingness to embrace an amicable resolution of the impasse at the State level and the State Governments should show their disposition towards an amicable resolution by declaring their willingness and commitment to comply with the Constitutional provisions on funding of the judiciary. We see no difficulty in giving this commitment as all Governments have a legal obligation to comply with the provisions of the Nigerian Constitution.  We hope that the commitment sought by JUSUN would be promptly provided by the various State Governments to ensure that ALL COURTS are re-opened immediately.  Our expectation is that this commitment would also be fully implemented by the Federal and State Governments in a manner that ensures the independence of the Judiciary. However, in order to ensure full compliance by the Federal and State Governments with the provisions of the Constitution on funding of the Judiciary, Stakeholders’ Monitoring Teams will be established at the Federal and State levels. In addition to monitoring compliance, these teams would also assist in the process of resolving any compliance issues that may arise and deal with them proactively to achieve the desired objective. The Monitoring teams would include; representatives of Secretaries to Government, Attorneys-General, JUSUN, National Judicial Council [Federal level], Chief Registrars [State level], Nigerian Labour Congress [NLC], Ministries of Labour and Productivity and the Nigerian Bar Association. The Nigerian Bar Association has accepted the offer to Chair the Stakeholders’ Monitoring Teams at both National and State levels. The Chairmen of NBA Branches are requested to immediately contact their respective State Governments to ensure that the commitment requested by JUSUN is promptly made to the State Chairman of JUSUN in their States to fast track the process of re-opening the Courts. The NBA is committed to support efforts aimed at ensuring full compliance with the constitutional provisions as well as enforcing the judgment of the Federal High Court in favour of JUSUN, in the unlikely event that any level of Government fails to comply with the constitutional provisions on judicial funding.  We passionately appeal to all stakeholders to tread the path of constitutionality and collaborate positively to ensure that we have an independent and virile judiciary in Nigeria. Dated 26th January, 2015 Augustine O. Alegeh, SAN FCIArb [UK] President, Nigerian Bar Association