The Ikeja branch of the Nigerian Bar Association (NBA), on Monday, heeded the directive of the national body of the association for a peaceful protest over the non-implementation of financial autonomy for the judiciary as enshrined in the constitution.
Section 121 (3) of the 1999 Constitution as amended, grants financial autonomy to state judiciaries, stating: “Any amount standing to the credit of the judiciary in the Consolidated Revenue Fund of the State shall be paid directly to the heads of the courts concerned.”
The failure of governors to implement the section 121(3) of the Constitution as amended, which makes votes for state judiciaries and legislatures a first-line charge on the consolidated revenue, couple with the President Muhammadu Buhari’s Executive Order 10 to enforce the constitution and plethora of court judgments in support of the autonomy led to Judiciary Staff Union of Nigeria, JUSUN work to rule across the country since last week.
NBA President, Olumide Akpata, has urged all state branches through the chairmen of all the branches of the NBA in the country “to effectively mobilise their members with effect from Monday April 19, 2021, and on every Monday thereafter to visit the Governor of their respective States at the Government House, until the Governors comply with the demand for financial autonomy of the Judiciary.”
The Ikeja Branch of the association, in compliance with the directive matched through Oba Akinjobi way, Oba Akran Avenue into Obafemi Awolowo Way and marched on Alausa secretariat to present their letter of demand to Governor Babajide Sanwo-Olu.
Led by the branch Chairman, Bartholomew Aguegbodo, the protesting lawyers moved to seat of power at Alausa Secretariat, however, the gate of the Government House was already shut against them by security agents who barricaded the road and prevented them from accessing the Governor’s office.
Before getting to Alausa secretariat, the lawyers had a brief stop at Allen/Obafemi Awolowo roundabout where the Chairman, Aguegbodo addressed the public that their action was to ensure a better judiciary for the people of the state and the country.
At the Government House, there was about one-hour heated arguments between the lawyers and three different Directors from the governor’s office who came at different time to convince the Ikeja NBA to hand over the letter to them for the attention of the governor.
In deviance, the lawyers argued that they will only deliver their protest letter to the Governor directly or an officer in his office.
However, the lawyers were persuaded and their representatives later went into the Government House to drop the letter.
The representatives included the Chairman, Aguegbodo, two former chairmen, Monday Ubani and Adesina Ogunlana and Chibuzor Agwocha, who were allowed to deliver their letter of demands for financial autonomy for the judiciary in the state, which was received and acknowledged by one Deji, the officer in-charge of administrative mails in the governor’s office.
Addressing journalists, NBA Ikeja chairman stated: “We would now wait and see if the Governor of Lagos State would adhere to the demand of JUSUN. If they don’t, next Monday, we shall proceed again on another peaceful protest.”
Agugbodo who disagreed with the Chief Judge of Lagos State, Justice Kazeem Alogba, who on Thursday said the judiciary in the state enjoys financial autonomy, contended that what is obtained in Lagos state is partial compliance with the provisions of the constitution.
“The issue that Lagos State Judiciary enjoys autonomy is not a full autonomy. We are saying the autonomy they enjoy is not in full compliance with the provisions of the constitution.
“What we are demanding, and that is a part of JUSUN’s demand, is that there must be total compliance with the constitution for full financial autonomy.
“ It is not one whereby projects by the judiciary would require approval from the executive before it is done. The funds meant for the judiciary should be deducted from the federation account directly into the account of the Chief judge, the head of the court.
“Where judiciary go cap in hand to get their projects done is not the way to go. That is why we must get them to implement full judicial independence and financial autonomy as provided for in the constitution and not in their own way.
“By so doing, we would have fearless judges who will give judgement without thinking that oh, if I give judgment against the state, I may not get any emolument increase or any promotion henceforth. That undermines the independence of the judiciary. If I know that every three years, the executive would change my jeep, and I have a matter against the state government, I may be very mindful how my judgment would go.”
The NBA leader regretted that the public have started questioning justice delivery in Lagos state, adding that “the financial autonomy is a sine qua non for a true democracy and that is why we are protesting”, he said.
