Former National Legal Adviser of the Nigerian Bar Association (NBA), Mr. Victor Nwaugo, has expressed deep concern over the lingering strike by judiciary workers in Abia State. The industrial action, embarked upon by members of the Judicial Staff Union of Nigeria (JUSUN), has now lasted about two months, crippling judicial services and negatively impacting litigants and legal practitioners.
Strike Cripples Judicial Services
Mr. Nwaugo lamented that the prolonged shutdown is inflicting severe hardship on litigants, inmates, and lawyers. He noted that legal practitioners who depend on daily court appearances for their livelihood are among the worst affected. “I am deeply concerned and personally affected. Private lawyers who survive on court sittings are losing income, while ordinary citizens are subjected to needless hardship,” he said. He added that beyond economic losses, the strike undermines access to justice with grave consequences for individuals caught in the judicial process.
Impact on Inmates and Litigants
According to the senior lawyer, people who should have regained their freedom have remained in custody. Some who have been granted bail and met their conditions cannot yet be released because courts are not sitting. Others whose cases were adjourned are left in limbo. He described the scenario as painful.
Call for Resolution
Mr. Nwaugo urged JUSUN to consider reopening the courts, noting that negotiations with the state government have already addressed most of the union’s demands. He said from his findings, many concerns, including leave allowance, have either been largely resolved or are being addressed.
On the issue of judicial autonomy, which is part of JUSUN’s demands for the strike, the senior lawyer questioned the basis, arguing that the Chief Judge, as head of the state judiciary, should be best positioned to speak on the matter.
Faults NBA Branch Chairmen
Mr. Nwaugo faulted the action of five out of six NBA branch chairmen in the state who recently threatened to join the strike if the impasse is not resolved. He posited that their stance lacked due process. According to him, the NBA does not operate a state structure but has independent branches, so any resolution must come from a properly convened meeting of members at the branch level. He argued that when a few chairmen unilaterally take a decision on behalf of hundreds of lawyers, such decision cannot be binding on all. He cautioned that such actions risk escalating tensions rather than resolving the crisis.
The role of the NBA, he stated, should be to encourage dialogue, not to inflame the situation. He explained that at a time when both parties are close to agreement, it would be wrong for fresh threats to be introduced.
JUSUN Demands
JUSUN’s demands that sparked the strike include alleged nonpayment of leave allowance and bonuses, as well as full independence of the judiciary, including financial autonomy. The state government has faulted JUSUN’s demand for leave allowance on the ground that their salaries are consolidated, implying that leave allowance is included in what they are being paid. Government asked JUSUN to produce evidence that their consolidated salaries do not include leave allowance, vowing to pay such allowance within 48 hours of producing the evidence.
On judiciary independence, government posited that the judiciary gets its own statutory financial allocations like other arms of government, while the executive arm does not manage their allocations. Government also argued that employment, promotion, and discipline of judicial staff is the statutory responsibility of the Judicial Service Commission, which is autonomous and independent of the executive arm.
JUSUN Chairman’s Response
Maintaining that workers have an inalienable right to demand better welfare, the state JUSUN Chairman, Comrade Chinedu Ezeh, argued that workers have a constitutional right to protest when things are not right. He said that the issues raised, if ultimately addressed, will benefit even lawyers and the ordinary man on the street.
