The Foundation for Environmental Rights Advocacy and Development (FENRAD) expresses grave concern over the prolonged strike action by judiciary workers in Abia State, which continues to cripple the administration of justice and deny citizens their fundamental right of access to courts.
The shutdown of judicial activities has far-reaching implications, including prolonged detention of awaiting-trial inmates, disruption of civil and criminal proceedings, and erosion of public confidence in the justice system. This situation poses a direct threat to the rule of law and democratic governance.
FENRAD notes that the dispute raises fundamental constitutional issues bordering on judicial financial autonomy, welfare of judicial staff, and compliance with subsisting court judgments and constitutional provisions.
⚖️Legal and Constitutional Framework
The principle of judicial independence and financial autonomy is firmly established under the:
Constitution of the Federal Republic of Nigeria 1999 (as amended)
Particularly:
Section 121(3):
Provides that “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.
Section 6:
Vests judicial powers of the Federation and the States in the courts, reinforcing institutional independence.
Section 17(1)(e):
Emphasizes the independence, impartiality, and integrity of courts as a fundamental objective of state policy
⚖️ Judicial Authorities and Case Law
FENRAD recalls the landmark decision in:
Attorney-General of Abia State v. Attorney-General of the Federation (2022)
Where the Supreme Court of Nigeria held that:
Although Executive Order No. 10 of 2020 issued by Muhammadu Buhari was declared unconstitutional for encroaching on principles of federalism,
State Governments are nonetheless constitutionally bound to implement financial autonomy for the judiciary and legislature as expressly provided in the Constitution.
FENRAD further notes earlier decisions of the:
Federal High Court of Nigeria
which affirmed that:
Funds meant for the judiciary must not be subjected to executive control or discretion once appropriated
⚖️ Statutory and Institutional Framework
The powers relating to the appointment, discipline, and control of judicial staff are constitutionally vested in the:
Abia State Judicial Service Commission
Pursuant to:
Part II, Third Schedule of the Constitution, which outlines the functions of State Judicial Service Commissions.
Any action outside this framework risks constituting a violation of constitutional provisions and the doctrine of separation of powers.
🚨 FENRAD’s Position
FENRAD is deeply concerned by reports suggesting:
✅Non-compliance with constitutional provisions on judicial financial autonomy
✅Disregard for binding judicial pronouncements
✅Administrative actions capable of undermining the statutory role of judicial institutions
✳️If established, such actions amount to a serious breach of the rule of law and set a dangerous precedent for democratic governance.
📢 FENRAD’s Demands
In view of the foregoing, FENRAD calls for:
1. Immediate Compliance with Constitutional Provisions
The Abia State Government must fully implement Section 121(3) of the Constitution regarding direct funding of the judiciary.
2. Respect for Judicial Pronouncements
All subsisting court judgments relating to judicial autonomy must be obeyed in line with the doctrine of constitutional supremacy.
3. Urgent Resolution of the Industrial Dispute
The Abia State Government and the Judicial Staff Union of Nigeria must engage in sincere and constructive dialogue to resolve the impasse.
4. Restoration of Judicial Activities
Immediate steps must be taken to reopen courts and restore access to justice for all citizens.
5. Adherence to Due Process
All administrative measures affecting judiciary staff must be conducted strictly through constitutionally recognized institutions.
✳️The Constitution is clear and unambiguous on the issue of judicial autonomy. Compliance is not discretionary. Continued disregard for court orders and constitutional provisions undermines democracy and weakens public trust in government institutions. The Abia State Government must act swiftly in the interest of justice and the rule of law.
🧭 Conclusion
FENRAD reiterates that the rule of law remains the bedrock of a democratic society. Government at all levels must not only make laws but must be seen to obey them. The continued closure of courts in Abia State is unacceptable and must be addressed without further delay.
Justice delayed is justice denied.
