Judicial workers demand written undertaking to end strike

by Ade Adesomoju

Chief Justice of Nigeria, Justice Aloma Mukhtar

Judicial workers, whose nationwide strike has entered the third week, have demanded a written undertaking from both the federal and state governments for the implementation of a judgment of the Federal High Court, Abuja, on the funding of the judiciary.

The President of the Judicial Staff Union of Nigeria, Mr. Marwan Adamu, while speaking with our correspondent on Thursday, partly blamed the crisis on the Accountant-General of the Federation, Mr. Jonah Otunla, for failing to begin implementing the judgment of the court.

Justice Adeniyi Ademola had in the said judgment ordered the Accountant-General of the Federation to deduct the funds meant for the states’ judiciary directly from the Consolidated Revenue Fund and pay it to the National Judicial Council for onward disbursement to various heads of court as provided for in the constitution.

The court had in the judgment delivered on January 13, 2014, declared as unconstitutional the piece-meal approach of funding of the state judiciary by various state governors.

JUSUN, which was the plaintiff in the case, had proceeded on the strike after state governments failed to yield to the union’s agitation for compliance with the judgment.

Adamu told our correspondent on Thursday, “Our demand is simple. JUSUN will suspend the strike if we get a cogent, concrete and presentable commitment from the government.

“We are not saying they should pay the money instantly. If for example, both the representatives of the federal and state governments say that they agree there is a court judgment and that they have not complied with it but that they need one week, two weeks or even one month to comply. That is a commitment.

“The commitment should be in a written form. It can no longer be in verbal form because we have had a number of verbal assurances which have failed. We were even given a written memorandum, which failed.”

The union leader said one of the failed verbal assurances given by the government was the promise to set up a technical committee that would consider the budgets of various states in view of plan to implement the judgment.

He added that no state government had sent any representatives to the meetings held at the instance of the Minster of Labour, Mr. Emeka Worgu, since February when discussions on the issue started.

He said the union only embarked on strike after government’s refusal to honour the 21 days ultimatum it had twice issued since February and also on the basis of the government to show enough willingness to start implementing the court order.

Blaming the Accountant-General of the Federation for the crisis, Adamu said his recent letters to the various state governors, urging them to comply with the judgment of the Federal High Court, was not the action expected of him by the court judgment.

He said, “More importantly, the Accountant-General of the Federation caused about 25 per cent of the problem. This is because the provisions of Section 162(9) of the 1999 Constitution empower him to deduct the money meant for the judiciary from the source and pay to the NJC for onward disbursement to heads of courts.

“In as much as he did not challenge the judgment, he has no moral right to disobey the order. If he deducts the money from the state governments’ funds (from the source) and any governor complains, it is for the state governors to accept it or go to court to challenge the judgment.”

@punchng.com