USA Africa Dialogue Series - Judiciary workers’ strike and matters arising

Judiciary workers' strike and matters arising

KAYODE KETEFE

On Monday, January, 5, 2015, the Judiciary Staff Union of Nigeria, (JUSUN) an organisation comprising low and middle cadre supporting staff in the Judiciary, embarked on yet another indefinite strike.
The association which had given notice of an indefinite strike since December last year eventually started this strike across the Federation at the first working day of this year. According to National President of JUSUN), Comrade Marwan Mustapha Adamu, all courts in the country would remain shut until governments at all levels take the necessary steps to ensure a free, vibrant and independent judiciary which Nigeria deserves.
What grounded the face-off between JUSUN and the government is attributable to a judgment the union obtained against the Federal Government in January 2014 which the government has not obeyed.
President of JUSUN, Adamu had earlier elaborated on the position of his organisation and while it embarked on strike thus "The 1999 Constitution provides that all monies for the judiciary should be given to them through the heads of the courts, either at the NJC level or at state level.
"We appealed several times to them but they failed to listen, then we decided to go to court for the interpretation of Sections 121 (3), 81(3), and 163 (9).
"All these sections contain provisions about financial autonomy and independence of the judiciary. Eventually judgment was given in our favour on January 13, 2014, unfortunately, since then they have failed to comply with the judgment. All the 36 state governors were served with the court order but they refused to implement the decision"
In the judgment referred to by the JUSUN boss delivered by Justice Adeniyi Ademola of the Federal High court in Abuja, the court directed that funds meant for the Judiciary should be disbursed directly to the heads of court and not to the executive arm of government. The judge then restrained the heads of the federal and state executive arms of government from holding on to funds appropriated for the judiciary.
JUSUN had earlier embarked on nationwide strike last year which it eventually suspended when government made an undertaking it would accede to its request by obeying the judgment.
Given the rationale behind the latest JUSUN strike as stated above, it would be difficult to fault the union's position. The organisation has done what you would expect in a civilised society by going to court. It has obtained a judgment which is yet to be overturned by any court of competent jurisdiction.
The onus is now on the government to obey the judgment. As a matter of fact, it is rather ironic that it is an organisation of workers that is now pressurising the government into undertaking a measure that is legally and constitutionally its responsibility. It devolves on government to uphold the tenets of democracy and the rule of law by obeying a legitimate court order.
Continual obstinacy of the establishment in doing what is not only necessary but legally incumbent is taking its heavy toll on all of us.
The Judiciary of any nation is the bastion of hope, the succour for the downtrodden and the vanguard of social justice. Therefore whenever this organ of government is grounded to halt, it is the people and the entire nation as the collective that suffer.
Each time there is a strike of this nature cases that worth millions of naira are trapped in court; aggrieved litigants are kept waiting in despair; while socio-economic activities, which cannot thrive without the justice system, are also adversely affected.
From whatever angle this writer looks at it, this one battle the government cannot win. To start with, the Judiciary workers, like any other category of workers, have the right to strike.
The right of workers to strike is a right recognised in most part of the civilised world. Indeed, two resolutions of the International Labour Oorganisation (ILO) provide guidelines for recognition of the right to strike in member States.
The first is "Resolution concerning the Abolition of Anti-Trade Union Legislation adopted in 1957. This calls on member states to make "laws ensuring the effective and unrestricted exercise of trade union rights, including the right to strike, by the workers"
The second resolution is "Resolution concerning Trade Union Rights and Their Relation to Civil Liberties ", adopted in 1970. This enjoins member nations to take "action to ensure full and universal respect for trade union rights in their broadest sense"
Moreover, section 40 of the Nigeria's 1999 Constitution guarantees a citizen's right both to form a trade union and to belong to any trade union of his choice for the protection of his interest.
Secondly, the government cannot legitimately claim to be operating within the confines of the rule of law and our grundnorm which is the constitution if legitimate court orders are flagrantly disobeyed. Impunity should never become our national character, responsibility to higher ideals of legality, constitutionality and rule of should be entrenched, yes entrenched – from above!

KETEFE may be followed on Twitter @Ketesco








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