Following the refusal of State Governors to implement the constitutional provision on the Judiciary’s financial autonomy, a Senior Advocate of Nigeria, Mr. Emeka Ozoani, has called on the President to compel the State Governments to implement the autonomy of the Judiciary, as ordered by the court.
Mr Ozoani who was speaking to a group of news men in Lagos, said nothing stops the Federal Government from compelling the State Governors to implement the court order which was obtained since 2014.
He expressed fear that its non – implementation, may affect our already weak electoral process come 2023.
He expressed his sadness over the situation, particularly with the role the Judiciary will play, if things remain this way heading into the next election in 2023.
“Except there is financial autonomy for the Judiciary, we cannot take things for granted. The Governors can hold the Judges to ransom if we don’t have judicial financial autonomy fast, because the next election will crazy. Judgements will be flying in here and there, particularly when the Judiciary is not self- financing, since the Judges will always have to go to these Governors cap in hand to get basic judicial needs”.
The Silk noted that it is common knowledge that Nigeria has some of the best Judges, but if we fail to take care of these Judges then we are in trouble.
“The western world has admitted that Nigeria has good Judges, but I ask you how can we have good Judges when they are hungry? A situation where the Governors do not release their (Judiciary’s) money and allowances for months, and the CJ’s have to call the Judicial Service Commission (JSC) before the Judges are paid, is not too good”.
Mr. Ozoani, further blamed the State Houses of Assembly and State Accountant-Generals for refusing to obey court orders, leading to the current strike action by Judiciary workers
“Since 2014, when Justice Ademola (now JCA) delivered the judgement, it should have been obeyed. The judgement of the court must be obeyed until it is set aside, not only because you have appealed it, but it must either be varied, set aside or stayed. Without this, court orders must be obeyed”.
He added that, there is no law required to implement any decisions taken by the court, including that of the autonomy of the Judiciary which is in tandem with the Constitution of Nigeria, where there is no appeal pending.
He further stated that the correct thing to do, is to pursue a policy of financial independence of the court, as guaranteed by the Constitution and affirmed by the three decisions of superior court.
On the strike action by Judiciary workers, Ozoani supported the action asking: “Tell me, why they, JUSUN, should not strike, when we know those responsible for it? Even if they don’t want to implement President Buhari’s Executive Order, without prejudice to applicable laws, there are legislation and convention of the State tier of Government, which also provides for financial autonomy for State legislature and Judiciary, as well as allocation and appropriation of funds for these two arms of Government.
The Senior Advocate however, stated that obedience of these judgements of the courts, is at the instance of the Executive in this type of matter.
