JUSUN strike: Stakeholders lament prison congestion

Over four weeks after the Judicial Staff Union of Nigeria (JUSUN) commenced a nationwide indefinite strike over the inability of state governors to grant and implement full financial autonomy for the judiciary as provided by Section 121 of the Constitution of the Federal Republic of Nigeria, 1999(as amended), YEJIDE GBENGA-OGUNDARE reports that stakeholders are worried that the continuous strike action will not only result into colossal economic loss but will also collapse the judicial system, leading to self help and increased crime rate.

On April 6, 2021, the Judicial Staff Union of Nigeria (JUSUN, commenced an industrial action that has since shut down all courts across the 36 states in Nigeria and Federal Capital Territory, Abuja. The shutdown of the third arm of government has added to the challenges facing the country as the arm of government which is seen as the last hope of the common man continues to be under lock, making it impossible for people to access justice

Stakeholders have become worried at what they describe as a precarious situation which will have colossal effect on the economy and health of the nation especially at this period of great security challenge in the country. They are of the opinion that the country cannot stand the consequences the continuous strike will have on the economy as the government, as well as individuals, whose work fall under the chain of justice continues to lose money.

 

Can JUSUN strike affect the economy?

Some have wondered why stakeholders continue to advocate that a way be found immediately to end the impasse between government and JUSUN on the belief that if anyone will lose income, it will be private legal practitioners who do not have the opportunity to appear in court for clients due to the strike. However, this is not accurate, the JUSUN strike can and will definitely affect the government and consequently the nation’s economy because there are many sources from which government makes money through the activities of the judiciary at both the state and federal level.

It is a fact that for any legal matter to be initiated, a filing fee must be paid before the court can have jurisdiction on such matters. Consequently, government makes money from filing cases and processes in old cases. Also, to swear oath and affidavit, a stipulated amount must be paid; the biggest money spinner is the probate unit of courts as intestate succession and administration of estates activities generate huge funds. These monies go into the Consolidated Revenue Fund of the states and the federal government and are part of government revenue. And since the courts have been crippled by strike, the governments at federal and state level have lost a veritable source of income.

In the same vein, legal practitioners and their members of staff are already facing huge economic challenges as confirmed by the president of the Nigerian Bar association (NBA), Olumide Akpata, when he said the strike will have adverse economic consequences for lawyers and family of those who earn a living in one way or the other by providing various support services to the system. This concern about the continuous closure of courts and the consequent congestion in prison as well as police cells is the reason Akpata directed chairmen of all NBA branches to effectively mobilise their members and pay visits to their respective State Governors to press home the demand for implementation of financial autonomy for the Judiciary.

Akpata had noted that from past occurrences, it has become apparent that most of the state governments are not ready or willing to implement the constitutional provisions which grant financial autonomy to the judiciary and had directed the chairmen of NBA branches to ensure that these visits are embarked upon, every subsequent Monday, until there is full compliance with this demand that is aimed at strengthening democracy and dispensation of justice.

The president of JUSUN, Marwan Mustapha Adamu, however insists that until government meets their demands, they will not call off the strike. He had last month issued a circular to the National Executive Council (NEC) and all members of the union, appreciating them for their comradeship and solidarity exhibited in the ongoing action and stressing that the industrial action continues since government was yet to address their grievances and negotiations have continued to end at an impasse.

Aside the loss of income and revenue, the challenges and implications associated with the JUSUN strike are enormous making stakeholders; police, lawyers, prison workers, nongovernmental bodies and associated adjunct staff to call on government to find immediate and lasting solution to the lingering strike action.

 

Overcrowding in cells, custodial centres

Because courts are not sitting, the police had been unable to arraign suspects or get remand orders while those that are eligible for bail have no opportunity to move for such before the court leading to congestion in police cells and correctional facilities and overstretching the already stretched facilities. In fact, recently,  the Police  command in Osun State made it known through its Public Relations Officer, Mrs. Yemisi Opalola, that cells have been overcrowded since the strike began as suspects could not be arraigned in order to get bail or be remanded in correctional centres, adding that they had to release suspects whose case were not too severe on administrative bail to decongest the cells.

 

Delay in justice delivery

Litigants and legal practitioners have lamented that many of their family and clients that should be on bail are languishing in prisons and cells because there is no court to hear their bail applications, adding that many are now stuck in prison for bailable offences when the law provides that there is a presumption of innocence until suspects are proven guilty. A nongovernmental organisation, Value Female Network (VFN), also lamented the fact that a rape case involving a public school teacher in Osun State, Gbenga Samson Ayenioye, and his friend, a theatre practitioner, Tunde Amoke Oja, stalled because of the strike, adding that many of the gender-related and human rights abuse cases the organisation is pursuing have stalled, pointing out that justice delayed is justice denied.

The head of Gender Unit of VFN, Moriike Yagboyaju, expressed the fear that criminals may become emboldened with the continuous closure of courts leading to increase in crime rate, adding that a lot of people are going through trauma because their abusers are walking the streets unpunished.

 

Loss of income

Aside the government that has continued to lose money because of the strike, legal practitioners across the country are also complaining that the continuous shutdown of courts is affecting their finances. They decried the continued closure of courts which has led to losses as their source of income is shut down by the strike. They expressed the fear that many Chambers may have to downsize to cut cost and survive because clients won’t pay until the court starts sitting.

The Ibadan NBA chairman, Olayinka Esan, also stated that the continuous closure of courts means that lawyers haven’t been able to earn an income for over a month, adding that lawyer’s incomes is the least of the issues as much more us at stake especially in correctional centres.

“We have seen that the demand of JUSUN is constitutional and they have stated that the strike will continue till demand is met. We know they will still be paid while we won’t earn any income. So, we are pleading with the governor to expedite action on what to be done.  A lot is at stake; police stations and correctional centres have become congested due to inability of courts to sit on bail applications or arraignments and facilities at correctional centres are overstretched.

 

Lawyers speak

Lawyers were unanimous in their assertion that the JUSUN strike does not bode well for the country. Speaking on the effect of the strike, Ebunolu Adegboruwa (SAN), stated that strike is a by-product of human existence, especially on matters in which there is disagreement or for which some people are dissatisfied, adding that it is intrinsic in human existence for people to have the opportunity to press home their demands where all other options of dissent have been exhausted.

He said “the effect of strike actions can be very colossal indeed, in losses in businesses, manpower and economic progress but that is still better than a society where everybody resorts to self help as in such a situation, life becomes brutish and short.

“We will therefore have to deal with the situation as it is, given that it would seem that the strike option is the one that those who are in government prefer, which means they have to always contend with the consequences, since we cannot abrogate strike as it is allowed by law,” he said.

Also speaking, Yomi Aliu (SAN) said the Constitution is clear on the independence of the judiciary and the legislature as provided in Sections 4 and 6 of the Constitution of the Federal Republic of Nigeria (1st, 2nd, 3rd and 4th Alterations) as well as Section 5, adding that courts are in dilapidation while litigants and lawyers are charged exorbitant fees for stationeries and even transport by court officials.

“The question now is whether JUSUN in directing his angst at the state government is not misfiring in view of Sections 162 and 313 that essentially concern sharing of revenue between Federal Government, states and local government.  There is no where allocation to the judiciary is mentioned except in section 162 (9) which states that any amount standing to the credit of the judiciary in the Federation Account shall be paid directly to the NJC for disbursement to the heads of courts established for the Federation and the States under s.6 of this Constitution. One wonders why this section should be in the Constitution of a country purported  to practising Federalism.

“The IGR of state judiciary cannot go to the state government since they are not supposed to reap where they did not sow. No doubt the instruments of justice is grounded. Police cells are filled to the brim. Civil cases stand still. Lawyers cannot work. Sooner we will be back to the state of nature. Self help will be the order of the day,” he said.

On his part, Barrister Toyese Owoade said the judiciary is one arm of government that is as essential as the other arms of government and under an ideal system; the judiciary should be distinct and separate from the other arms, adding that “unfortunately, its independence only appears in our constitution, successive governments over the years have whittled down the potency of the 1999 constitution to their advantage knowing that what guarantees a just and fair society is the independence of its judiciary which will not serve their selfish end.

The implication of the strike to individuals and the society is that the judicial system is temporarily at a standstill thereby making access to justice impossible. If it lingers for too long the entire system may collapse and individuals will begin to resort to self help. The security agencies with specific mention of the police are already lamenting of inability to charge offenders to court,” he said.

 

Our activities are crippled – NGO

Pastor Hezekiah Olujobi of the Centre for Justice, Mercy and Reconciliation said taking into account what has happened in Nigeria since JUSUN commenced its strike; it is obvious that the society is suffering from the shutdown of courts, adding that “there had been multiple jail breaks and breakdown of laws in our society. When you keep criminals on a spot without going to court, anything can happen. In the history of jail break, it always emanated from the awaiting trial inmates.

“When hoodlums break into jails, they go to the awaiting trial. You hardly find convicts participating or even trying to escape. If you hear that some prisoners returned, they are convicts. Why? Because they know the time they are to complete their sentence but the awaiting trial who have been kept in the prison for seven to 11 years without justice will do everything to escape. You can see how this strike has greatly affected the people awaiting trials and their families as a whole.

“For instance, most of our candidates awaiting trial in Ogun and Oyo state whose case were adjourned till April had their hope shattered as a result of this strike. Our activities are greatly affected because we could not go to court to conclude cases and effect freedom of our people whom we feel are not supposed to be in prison. In addition, all the police cells  are filled up, many crimes are committed because they know that police will not be able to detain people; this has led to the increase in crime rate,” Pastor Olujobi said.

The Attorney General and Commissioner for Justice in Oyo State, Professor Oyelowo Oyewo, while speaking to the state NBA said the situation is a national crisis adding that it is unfortunate that the situation could get to what it is as there had been engagement between parties before the strike. He asked parties look out for the interest of the populace because beyond agreement, implementation must be considered, adding that there must be check and balance as the issue of accountability comes into play.

And while the government and stakeholders continue to suffer economic loss because of the strike, stakeholders continue to ask parties to resolve the issue before it leads to more problems for the nation.

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