Saturday, August 2, 2014 10:48 pm
Abuja – Striking judiciary workers under the aegis of Judiciary Staff Union of Nigeria (JUSUN) have called off their month-long action following the interventions of Mr Emeka Wogu, the Minister of Labour and Productivity, Mr Abdulwaheed Omar, the President of Nigerian Labour Congress (NLC) and other stakeholders.
According to a Memorandum of Understanding (MoU) dated Aug. 1 and signed by both parties, the strike was called off to pave way for “sustainable reconciliation’’.
“The issues at stake are constitutional matters in which judgment had been given in a court of competent jurisdiction.
“Since the Federal Government is not in breach of the constitution, the judgment cannot be enforced against it.
“The state governments are obliged to respect the provisions of the 1999 Constitution and comply with the judgment.
“The technical committee should work out modalities for implementation of the court judgment within a period of 45 days starting from Monday Aug. 4,” the memoranda of understanding said.
It was, however, agreed that no Judicial union member should be victimised for participating in the strike.
The workers had declared total strike to pressure state governments to implement an Abuja Federal High Court order on financial autonomy for the 36 states’ judiciary.
Other demands include setting up of a technical implementation committee of the FAAC meeting of June 17 by stakeholders.
A Federal High Court presided over by Justice Adeniyi Ademola had on Jan. 14 restrained the Federal Government and the 36 state governors from holding on to funds meant for the judiciary in a suit filed by JUSUN.
Ademola ruled that funds meant for the judiciary should rather be disbursed directly to the heads of the judicial arm and not to the executive.
He held that the practice by the executive thereby disbursing funds to the judiciary was unconstitutional and also threatened the independence of the judiciary.
Relying on the provisions of sections 83(1), 212(3) and 162(9) of the 1999 Constitution as amended, the judge said the provisions were clear and straightforward, and should, therefore, be complied with.
“The Attorneys-General of the Federation and the states should act responsibly and promptly to avoid constitutional crisis in this country by ensuring financial autonomy for the judiciary.”
He said the era of the judiciary going cap in hand to the executive for funds was over.
Ademola also issued an order compelling the defendants to comply with the provisions of Sections 81(3), 212(3) and 162(9) of the constitution in the disbursement of funds to the heads of courts.
While noting that both the National Assembly (legislative arm) and the Independent National Electoral Commission (INEC) enjoyed financial autonomy, the judge said the same should apply to the judiciary.
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