Agbakoba Urges Govs to Comply with Judgment on Judicial Autonomy

Alex Enumah in Abuja

A former President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba (SAN), has urged governors to comply with the judgment of a Federal High Court that recognised the financial autonomy of the judiciary in order to save the country from imminent chaos.

Courts nationwide have been grounded since last Tuesday following an indefinite strike by the Judiciary Staff Union of Nigeria (JUSUN) to protest the refusal of state governments to implement the financial autonomy policy for the judiciary.

Already, the federal government is implementing the policy while President Muhammadu Buhari had last year signed Executive Order 10 for the enforcement of financial autonomy in the states.
However, the states are yet to obey both the court order and the executive order leading to the indefinite strike embarked on by the judiciary workers.

Reacting to the development, Agbakoba lamented that the strike could have been avoided if the state governments had complied with the court order.
In a letter to the Chairman of the Nigeria Governors’ Forum (NGF) and Governor of Ekiti State, Dr. Kayode Fayemi, Agbakoba, urged the governors to enforce the court’s decision in the interest of justice and the country.

In the letter, dated April 11, Agbakoba expressed sadness by what he described as an avoidable strike, adding that the industrial action has brought a stress on the judiciary.
He said: “A simple way out is for state governors to observe the rule of law and obey judgments of the court. Sections 81 (3) and 121 (3) of the Constitution of Nigeria grant financial autonomy to the federal and the state’s judiciaries.

“This has been confirmed by courts in the following cases:
“1. Judiciary Staff Union of Nigeria Vs National Judiciary Council and Governors of the 36 states in Suit No: FHC/ABJ/CS/667/13
2. Olisa Agbakoba Vs FG, the NJC and National Assembly Suit No: FHC/ABJ/CS/63/2013 and
3. Olisa Agbakoba Vs AG, Ekiti State and two Others in Suit No: NAD/56/2013.

“President Buhari has affirmed the decisions of the courts by issuing Executive Order 10 of 2020, in the exercise of his powers under Section 5 of the Constitution to ensure execution and maintenance of the constitution which includes enforcement of decisions of the court.

“State governors should please enforce the decisions of the court and save the country this chaos.”
He said JUSUN is absolutely correct to pursue a policy of financial independence of the courts guaranteed by the constitution and affirmed by three decisions of superior courts of Nigeria.