JUSUN Strike, PALU Urges Compliance with Executive Order

The Pan African Lawyers Union (PALU) has appealed to State Governors and all the relevant authorities to comply with the Federal High Court, Abuja order and the Executive Order No. 10 of 2020 granting financial autonomy to the judiciary.

In a statement, PALU President, Mr. Emeka Obegolu said ‘PALU is aware of the strike by the Judiciary Staff Union of Nigeria (JUSUN), that shut down all courts in Nigeria since Tuesday, April 6, 2021, and thus, crippled court proceedings across the Federation. The reason for the indefinite strike of JUSUN, is to press home the demand for financial autonomy for the Nigeria’s judicial arm of Government.

Unfortunately, State Courts in Nigeria have over the years, relied on the Executive for their funding especially in the area of capital projects. This is clearly antithetical to the principle of separation of powers, as guaranteed under the Nigerian Constitution. PALU emphasises the need for complete financial independence of all arms of Government.

PALU is of the opinion that for the judiciary in Nigeria to be totally financially independent, the 1999 constitution of Nigeria should be amended, or an Act of the National Assembly enacted to provide for the allocation of percentage of income of the State or Federal Government to the Judiciary, Executive and Legislature, to wit:

a. That there be inserted in the 1999 Constitution, the exact percentage of money accruing to the Judiciary and Legislature for each State of the Federation and the Federal Government.

b. That the said exact percentage of money accruing to and payable to the Judiciary in a fiscal year, be deductible as a first line charge from the Federation account, consequent upon the respective budgets of each arm of Government.

What this presupposes is that, even when the appropriation bill is prepared, the money standing credit to the Judiciary and Legislature is already constitutionally ascertainable. This will also prevent arbitrary interference with the budget of the Judiciary and Legislature, as the Executive will not have the powers to cut down on the budget of the Judiciary, and the Legislature will only approve the budget of the Judiciary as it is, this will in turn prevent the Judiciary and Legislators being at the mercy of the executive.

We at Pan African Lawyers Union, wish to appeal to the appropriate authorities in Nigeria and the key stakeholders in this struggle for financial autonomy, to ensure that at the end of the day, the financial autonomy and independence of all the arms of Government, is actualised.