Senate: Independence of Judiciary Not Negotiable

Senate: Independence of Judiciary Not Negotiable

By Deji Elumoye

Chairman of the Senate Committee on Judiciary, Human Rights and Legal Matters, Senator Opeyemi Bamidele, has stressed that the independence of the judicial arm of government is not negotiable.

Bamidele was speaking Monday against the background of a rally at the National Assembly by members of the Nigerian Bar Association (NBA) to solidarise with judiciary workers under the aegis of Judicial Staff Union of Nigeria (JUSUN) who have been on strike since April 6, 2021 over the non-implementation of financial autonomy for the judiciary as the third arm of government.

The ranking Senator emphasised that the federal parliament has made law that would guarantee full autonomy to the Judiciary at the Federal level and therefore called on state Houses of Assembly to pass similar law that will give full autonomy to the state judicial arm.
He said: “It is laughable that that at this point, we are still grappling with the need to grant independence to the judicial arm of government at the state level. The National Assembly has been making laws that would guarantee full autonomy to the judiciary at the Federal level.

“The National Assembly does not make laws for the states, such power resides in the state Houses of Assembly. Judiciary at the Federal Capital Territory is independent because we have done what we are supposed to do. What is next is for the state Houses of Assembly to do what they are supposed to do.
“As a principle, as a policy, members of the Senate Committee on Judiciary, Human Rights and Legal Matters, have tried not to call on those who are protesting to stop such protests. We do not want protests but definitely, we would rather talk more to state governors, houses of Assembly and other stakeholders to do the needful in the overriding public interest.
“We cannot continue to call on the judiciary to give peace a chance when we know the conditions under which they work cannot guarantee a passionate and enhanced delivery of justice. We are talking about judicial reform, we are talking about the need for justice sector reforms. This is central and crucial to the independence of the judiciary in this country.

“We must be left behind by the rest of the civilized world. Nobody stands to lose anything by granting independence to judiciary at the state level since it has been done at the national level. The fact that workers and staff of federal judiciary are joining the protest is only in solidarity with their colleagues at the state levels. It is a union matter and we do not have a control over it.

“We are hereby calling on the state governors to do the needful because the independence of the judiciary is non negotiable. No democracy can survive without being founded on the rule of law and independent judiciary.”

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