Daily Independent (Lagos)
Adam Adedimeji
10 December 2008
The strike embarked upon by members of the Judicial Staff Union of Nigeria (JUSUN) has no doubt paralysed all courts activities throughout the country. The strike now in its second week has sent Lawyers and Judges on 'compulsory leave'. LAW EDITOR Adam Adedimeji spoke with legal practitioners on the justifiability of the JUSUN action and the way out.
From last week Monday, December 1, the gates to Nigerian Courts were short to Judges, Lawyers, litigants, prison warders, and many others. Reason? Members of the Judicial Staff Union of Nigeria (JUSUN) began an indefinite strike to press home their demand for a harmonised salary structure for all judicial workers in the country. The judiciary workers' strike is the second this year and the sixth between 2004 and 2008.
In February this year the judiciary staff downed tools until the Chief Justice of Nigeria (CJN), Justice Idris Legbo Kutigi, intervened an agreement was reached between the government and the union on how to resolve the crisis.
The government of President Olusegun Obasanjo had in 2001 set up a Reform Committee under the chairmanship of Justice Olufemi Ejuwunmi to evolve ways of enhancing the nation's judiciary system.
One of the several recommendations of the committee was a Unified Scheme of Service and Salaries for all judiciary workers irrespective of whether in the State or Federal Service.
The judiciary workers are displeased that the government was yet to sign and implement the agreed Unified Scheme of Service and Salaries.
The strike embarked on by JUSUN has no doubt crippled all court activities as both criminal and civil cases scheduled for hearing at various courts across the nation could not hold. Consequently, many high profile cases such as the one involving Chief Olabode George, former Chairman of the Nigerian Ports Authority (NPA); Nuhu Ribadu, former Chairman of the EFCC; Lucky Igbinedion, former Governor of Edo State, among others were stalled. Judicial administrative activities like filing of cases and swearing to court affidavits were also affected.
The aggrieved striking workers are demanding the creation of a Judiciary Pensions' Board to oversee the welfare of judiciary workers.
In addition, members of the Union accused the government of subjecting its members to unwarranted hardship because of government's refusal to implement the recommendations of Justice Ejuwunmi reform Committee.
Their requests among others are;
* An enhancement of their salary scale,
* Better condition of service,
* Establishment of Pension Board for judicial workers and
* Implementation of Section 121 Sub 3 of the 1999 Constitution.
A statement signed by NBA President, Oluwarotimi Akeredolu [SAN], entitled "Industrial Action by the Judiciary Staff Union of Nigeria", lamented the paralysing effect of the strike and the concomitant suffering by litigants, hence the need for immediate mediation between JUSUN and stakeholders in the judiciary.
According to the NBA's release, its Chairman on Rule of Law Action Group, Femi Falana, has been mandated to embark on talks with JUSUN and indeed, other stakeholders with a view to resolving the dispute.
The Association also noted that the on going strike would render legal practitioners, magistrates as well as judges redundant.
Speaking on the strike, a Law lecturer and Senior Advocate of Nigeria, Prof. Taiwo Oshipitan, described it as unfortunate and avoidable if all participants had sat down and sorted out their differences.
His words, "Now that the courts are closed, the judges and workers are sent on compulsory holiday. Above all, litigants will have to bear with the delay in the settlement of their cases. Right now as I speak, some people have been arrested for one offence or the order but they cannot be taken to court either to Magistrate or High Courts so they are kept in police custody beyond the period prescribed by the constitution.
The constitution says they should be taken to court within 24 hours failure of which may raise up the issue of fundamental human rights. But, as it is now, the courts are there but are not open. So, those arrested are being kept in police custody and this violates their fundamental rights".
Oshipitan also highlighted the suffering of people who are awaiting trial, as they will have to wait until the strike is called off.
He argued, "Again there is a problem of how many times will civil cases are adjourned. Cases of landlords and tenants, employers and employees are now going to suffer adjournments and now that we are near Christmas festivities, all the cases may have to be adjourned till next year. So from the point of view of delay it is going to cause a lot of setback in the legal system and that would definitely have negative effect, it's very unfortunate", he says.
Oshipitan also stressed the need for the Union to declare industrial dispute instead of embarking on strike saying, "Again the are mechanisms for settlement of disputes. If for example, the union feels aggrieved, strikes and lockouts are not the best. They could declare a trade dispute and take the government to the Industrial Court for it to be resolved rather than embarking on strike".
In his view, the 2nd Vice President of the Nigeria Bar Association, Adekunle Ojo, warned that both the Federal and State governments should not play games with salaries of their workers.
According to him, it is unfair on judiciary workers who are paid "church rat salaries" while their bosses (Judges) take home fabulous incomes.
He argued that failure to yield to the demands of the aggrieved workers would be tantamount to promoting corruption saying, "If you don't pay them well, it is like adding fertilizer to corruption, so you cannot be fighting corruption and at the same time promoting it. Any man who has not been paid well is entitled under the constitution to say "I don't want to work until I am settled".
Besides, Ojo added that the excuse of having to amend the constitution before their demands could be met is untenable and unacceptable. He pointed out that for more that nine years, the constitution has not been amended, adding that it would be most unjust to tie the destiny of the striking workers to constitution amendment.
"For more than nine years the constitution was not amended. I think it's most unfair for us to keep insisting that until the Constitution is amended, we cannot look into their plight. These people are crying that they want to be fed, that they want to eat well and that they want to survive. A man who earns as low as N7, 000 or N9, 000 who has children in the university, he would pay for his accommodation and he would transport himself to work everyday. I do not see why it's difficult to amend the constitution and can not see any reason why we have to wait for constitution amendment to alleviate the problem of these people. The constitution itself says that the welfare of the people shall be of paramount importance to the government. Sabbath is made for man and not man for the Sabbath", he declared.
He further explained that when a man, who enhances the job of a Judge earns a slave wage when compared with what his boss earns, there are bound to be problems. He warned that the problem would continue until government looked into the plight of the aggrieved workers. He urged the Chief Justice of the Federation to wade into the crisis and urgently proffer solution to the lingering crisis, stressing that people who ordinarily ought to have been granted bail are now languishing in jail.
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