A Senior Advocate of Nigeria, Mr. Emeka Ozoani has called on President Mohammadu Bihari led-administration to compel the State Governments to implement autonomy of the judiciary as ordered by the court.
Speaking with newsmen in Lagos on Monday, Ozoani (SAN) said nothing stops the Federal Government from compelling the State governors from implementing the court order since 2014, as he expressed his support for the Judiciary staff to press on their demands for Judiciary autonomy.
“Since 2014 when Justice Ademola (now JCA) delivered the judgment. The judgment of the Court must be obey until it’s set aside, not only because you have appealed, it must either be varied, set-aside or stayed, without these, it must be obeyed. Till now, there is none”.
He said there is no more law that is required for implementation, noting that there are cases decided by the court which upheld the autonomy of the Judiciary in tandem with the Constitution and there was no appeal pending. He added that it is correct to pursue a policy of financial independence of the court as guaranteed by the constitution and affirmed by the three decisions to of superior court.
The senior lawyer said that obidience of the judgement of court is at instance of the executives.
According to him, the Accountant General of the Federation and State House of Assembly are the causes of the strike for refusing to obey the order of the court. He noted that the purpose of the Judiciary must not be jeopardized. “Who’s to blamed for the strike, the Accountant General of the Federation and States’ Accountant-General.
“Tell me why they (JUSUN) should not strike. In my thesis, I said “Accountant General of the Federation and State House of Assemblies: the cause of the the strike”. Even, if President Buhari is trying to give Executive Order, Section 1(9) of the Order, without prejudice to applicable laws, legislations and conventions, the State tier of government which also provides for financial Autonomy of the State legislatures and Judiciary for allocation and appropriation of funds for the States’ legislatures and Judiciary in the State. Under Section 7, which create financial Autonomy for the local governments, but have you seen one in Nigeria”?, he asked.
Ozoani (SAN) who also expressed worries on the next elections in the country, said except there is financial autonomy of the judiciary, free and fair election is not guaranteed.
“The governors can hold the judges to ransom. If we don’t have judicial financial autonomy, the next election will be crazy, Judgments will be flying here and there. But when the Judiciary self-financing, it can tell you the appointment will always be a king to what obtained in Western world. And the western world have admitted that Nigeria have good judges, but I can tell you, how can we have good judges when they are hungry? When the governor did not release their money and allowances for months to the CJs, the CJs have to call Judicial Service Commission (JSC) before the judges are paid”.
The SAN also expressed worries on the strike saying it’s success depends on the Union’s leadership. “It is the leadership of these unions that determine the outcome of every strike. Have you forget NLC, Fuel Strike and the rest? Infact, I can tell you virtually that every legal practitioner support it. I can tell you, if we are all determined, the government will back down, it’s the law, it’s constitutional provision, we are not begging the government. The National Assembly has make the law nothing more”.
