Judicial autonomy | InsideOjodu https://www.insideojodu.com ...conecting the community Mon, 03 May 2021 19:13:02 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.10 http://www.insideojodu.com/wp-content/uploads/2018/12/favicon.ico Judicial autonomy | InsideOjodu https://www.insideojodu.com 32 32 NBA wants governors to respect constitution on Judicial Autonomy https://www.insideojodu.com/nba-wants-governors-to-respect-constitution-on-judicial-autonomy/ https://www.insideojodu.com/nba-wants-governors-to-respect-constitution-on-judicial-autonomy/#respond Mon, 03 May 2021 15:52:35 +0000 https://www.insideojodu.com/?p=21835 The Nigerian Bar Association (NBA), has called on governors of the 36 states to…

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The Nigerian Bar Association (NBA), has called on governors of the 36 states to respect what the 1999 Constitution stipulated on the contending issue of full autonomy for the judiciary.

The body stated this while lamenting the closure of courts across the country due to the ongoing strike by the judicial workers.

Explaining that the current situation has debased the country’s democracy, the body regretted that the closure of courts nationwide has not only adversely affected the fortunes of the legal practitioners, urging the governors to swiftly accede to the request of the Judiciary Staff Union of Nigeria (JUSUN) to resolve the conundrum.

The NBA also urged the federal government to convene a roundtable discussion, where all stakeholders can meet, ruminate and proffer solutions to the senseless killings and kidnapping of innocent Nigerians.

The NBA, Ado Ekiti Branch, said these in Ado Ekiti at a press conference heralding the 10th Annual Law Week being held in honour of a Legal Icon, Chief Afe Babalola(SAN).

The Branch Chairman, Barr Adeyemi Adewumi, who gave the theme of this year’s Law week as: ‘The 21st Century Lawyer: Integrating Business Skills with Legal Knowledge’, said: “The Courts are shut due to the strike action by JUSUN, who are agitating for the implementation of financial autonomy by the Executive, for the Judiciary.

“And to attain a true separation of power, the other arms of Government; judiciary and Legislature must be weaned from the breast of the executive, that is, become independent in all-wise, particularly financially. This is the only way public perception can become re-engineered towards a trust for the Judiciary and the Legislature.

“Section 81 (1) and 123 of the 1999 Constitution as Amended guarantees financial autonomy to the Judiciary. Meanwhile, following the refusal of the Government to implement this autonomy, JUSUN and Dr. Olisa Agbakoba SAN had sued the Government in two different cases at the Federal High Court, where both cases were won.

“Pursuant to the judgment, the Federal Government had eventually complied when the President issued the Executive Order 10 which authorised the Accountant General of the Federation to deduct the fund standing with the credit of the Judiciary in the consolidated revenue of each State.

“This was challenged by the Nigeria Governors’ Forum (NGF). It is a pity that the Government had allowed this issue to degenerate to the level where Courts and Legislative Houses have to be shut before the right thing would be done.

“Thus, the NBA is in solidarity with the demands of JUSUN on financial autonomy for the Judiciary notwithstanding the temporary pains this industrial action may cause to lawyers’ welfare or work. We have resolved to stand by them because we believe in this cause for the good of all. We, therefore call on the Government of Ekiti State, and indeed all State Governments to attend to this matter with the urgency it deserves.

“The closure of court, Lawyers are the worst hit and we are calling on the government to please adhere to our request. They should follow what the law says concerning financial autonomy to the judiciary. This is not even about the executive order, but our Constitution.”

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Senate ask governors to implement judicial autonomy, end nationwide protest https://www.insideojodu.com/senate-ask-governors-to-implement-judicial-autonomy-end-nationwide-protest/ https://www.insideojodu.com/senate-ask-governors-to-implement-judicial-autonomy-end-nationwide-protest/#respond Mon, 19 Apr 2021 16:59:36 +0000 https://www.insideojodu.com/?p=21501 The Senate on Monday asked governors across the 36 states of Nigeria to save…

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The Senate on Monday asked governors across the 36 states of Nigeria to save the nation’s democracy from collapsing by granting full Independence to the judicial arm of government.

The Chairman, Senate Committee on Judiciary, Human Rights and Legal Matters, Senator Opeyemi Bamidele, stated this while reacting to the protest staged at the National Assembly by the Nigerian Bar Association on the issue.

President Muhammadu Buhari had last year, signed into law, the Executive Order No 10 of 2020 cited as “the implementation of financial autonomy for state legislature and judiciary Order, 2020”.

The Order granted powers to the Accountant-General of the Federation to deduct from the allocations due to a state from the Federation Account, any sums appropriated for the legislature or judiciary of that state which the state fails to release to its legislature or judiciary as the case may be, and to pay the funds directly to the state’s legislature or judiciary concerned.

Speaking with journalists, Bamidele said judicial autonomy was non-negotiable and that state governors should emulate the Federal Government by granting independence to the arm of government.

He said, “It is laughable that at this point, we are still grappling with the need to grant independence to the judiciary arm of government at the state level and at the local government levels.

“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 (National Assembly) 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, and 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 reforms, 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 not 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 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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