Stakeholders identify improved salaries for judges, others as panacea to official corruption in judiciary

THE Fourth National Delegates Conference of Judiciary Staff Union of Nigeria (JUSUN) ended in Ibadan, the Oyo State capital, at the weekend with major highlights on judicial autonomy, financial independence of the judiciary, improved salary for judges and other judicial workers. It ended with the election of Comrade Marwan Mustapha as the president of the union and other members of his executive.

Former Chairman of Nigeria Bar Association (NBA) in Oyo State, Professor John Oluwole Akintayo, as the guest speaker, spoke on the theme of the conference: ‘The Judiciary as the Third Arm of Government; Challenges in achieving financial independence in Nigeria and Governance.’

The President of Nigeria Labour Congress (NLC), Comrade Ayuba Wabba, JUSUN President, Comrade Marwan, who was re-elected at the conference, the Assistant General Secretary of International Trade Union Congress Africa (ITUC-Africa), Comrade Akhartor Joel Odigie and the Oyo State Chairman of NLC and JUSUN, Comrade Kayode Martins, who spoke at the session also highlighted and stressed the urgent need to ensure improved salaries for judges and other judiciary workers to reduce or end the alleged official corruption in the judiciary.

Specifically, Wabba highlighted the challenges in the system and harped on the need to improve the salaries of judges and other workers to curb corruption.

He said: “There are challenges in our Judiciary. These challenges will not just go away. They must be engaged. They should be tackled.”

The NLC President said the most serious issue bedevilling smooth administration of justice in Nigeria is finance. Even though there was  a constitutional review in the recent past that had granted financial autonomy to the judiciary, he lamented that “the devil still lies in ambush in the finer lines of implementation, especially in respect to courts in the sphere of many of our subnational governments.”

He emphasized that the sum budgeted for the judiciary is hardly enough to cater to the needs in the justice sector, while the release of funds for different critical projects in the justice sector is still spasmodic.

“The result is that critical projects such as overhauling of our courtrooms with modern devices and equipment that can facilitate faster delivery of justice is frustrated. At the end of the day, it is the poor masses of our country that bear the brunt of the dislocation in our justice sector infrastructure as their cases are delayed to ad infinitum. As it is said, justice delayed is justice denied.” Wabba said.

More importantly, the NLC president called for an improved salary for the judges and all the cadres in the judicial sector. According to him, “another major challenge in our judiciary is the issue of welfare for judicial officers. Given the pole position of the justice sector in organizing society and entrenching public law and order, it is important that officers of the law are well taken care.”

He said: “I use the occasion of JUSUN’s National Delegates Conference to call for an immediate improvement in the take home package for all judicial officers including Judges, Registrars, State Counsels cum Prosecutors, Court Clerks, Bailiffs and other officers of the law. Proper remuneration for our judicial officers is a very fundamental way of addressing official graft and public corruption in Nigeria’s justice delivery system and the wider society.”

Also, the independence of the judiciary is sacrosanct, in particular, its financial autonomy, Wabba declared. To him, “at the root of this anomaly is the stiff struggle for the independence of the Judiciary – both financially and administratively. There is a need for the reform of Nigeria’s judiciary to ensure financial and administrative autonomy.”

While making the case for the judiciary, he also had very invaluable advice for the judges and other judicial officers. He said: “I use this occasion of this conference to urge our judiciary to not only deliver judgements but to serve the course of justice. That means that our judiciary must be fair to all parties regardless of whether it is government, citizens or workers. In the face of escalating abuse of rights and encroachment of citizens, workers and trade unions liberties, our judiciary must rise up to defend the common man by stopping the abuse of the powers of government and granting the exercise of the rights of citizens to life, liberties and the pursuit of happiness.”

In his speech, the President of JUSUN, Comrade Marwan, said the Nigerian judiciary as the third arm of government is primed and ever-ready to deliver on her justice administration, adjudication and constitutional interpretation mandates. However, he noted that the subsisting situations do neither encourage nor facilitate the successful achievement of these mandates.

Marwan said: “Facilities and resources needed to make this happen are in short supply. Courts and court workers and members of the bench are barely managing to cope and survive. The situation is worse and harrowing for lower courts. Over 70 per cent of cases, especially those affecting indigent Nigerians are handled by the magistrate courts. Sadly, they are in dilapidating states and the workers servicing the courts are being demoralized and demobilized.”

The JUSUN president condemned what he termed politicization of appointments in the system. He said: “The politicization of appointments in the judiciary must stop and a measured and deliberate culture of merit fostered and utilized. Our court heads and assistants need skills and capacity development and upgrade. Salaries and allowances must be paid as and when due compared to the current situation where payments of earned wages have become issues for performance measurement by governments.”

He added: “JUSUN is convinced that the financial independence of the judiciary will help address most of the above x-rayed challenges. We were excited about the Executive Order 10 issued by the President concerning this matter. Sadly, we continue to see state governments play hide and seek with a matter as clear as daylight. We wish to advise state governments to desist from the time-wasting antics of filing court cases and processes to slow and delay the implementation of financial independence for the judiciary.

“A well-managed, functional and financially independent judiciary will better serve our national and individual aspirations. We are hopeful and expectant knowing that very soon, we shall celebrate the victory.”

The guest speaker, Prof. Akintayo, a former chairman of NBA in Oyo State is concerned about the silence on sanctions against offenders of constitutional provision on the issue of financial autonomy in the judiciary.

The university law teacher expressed concerns that there are no consequences for state governors that violate that provision of the law. According to him, there should be sanctions, and any state government that violates that provision should be punished.

Prof. Akintayo said: “We must be able to sanction people. The idea of supremacy of the constitution should be abided with, and there must be consequences for constitutional violation. What happens to a state which violates the constitutional provisions of judicial autonomy?

“Section 121(3) of the Constitution provides for financial autonomy of the judiciary. If the constitution says the judiciary must be independent, it must be and we must implement what is in the constitution. If someone steals, caught and found guilty by the court, he goes to jail. What happens to a state and a governor who also violate the constitutional provisions on the financial autonomy of the judiciary.”

The 4th Alteration, which amended Section 121(3) of the Constitution, provides that: “Any amount standing credit of the – (a) House of Assembly of the state, and (b) Judiciary, in the Consolidated Revenue Fund of the state shall be paid directly to the said bodies respectively; in the case of judiciary, such amount shall be paid directly to the Heads of the Courts concerned.”

So, the resolution of all speakers, the delegates and other stakeholders at the conference is complete adherence and implementation of this constitutional provision on the financial independence of the third tier of the government both at the federal and state levels. Also, it was unanimously agreed that violators of this provision, especially at the state level must be sanctioned.

The height of the conference is the election of the new leadership of the union, which was conducted in line with the guidelines of the union’s constitution.

All but one position – the Vice-President North-Central Zone – were elected unopposed. This development, according to the Assistant General Secretary of International Trade Union Congress Africa (ITUC-Africa), Comrade Akhartor Joel Odigie, who served as the election returning officer, “speaks to the strength of the internal democracy culture of the union and the ability of the leaders to engineer a robust and acceptable consensus arrangement consistent with democratic norms and practices.”

Dully elected after the delegates conference are Comrade Marwan Mustapha Adamu, who returned as the president of the union, and Comrade Abioye Emmanuel as the deputy president.

Other elected officers are: Laminu Mustapha (vice-president North-Central zone); Abukakar Bayaro (vice-president North-East Zone); George Sobeye Sokari (vice-president South-South Zone); Kayode Olusegun Martins (vice-president South-West Zone); Comrade Abdul-Nasir Muhammad (vice-president North-West Zone); Mbah Chinedu Eusebius (vice-president South-East Zone); Musa Jimoh Alonge (Treasurer); Saidu Magaji Adamu (Assistant Secretary); Koin Selepreye (Publicity Secretary); Abbo Babagurin (Financial Secretary); Amoto Sunday (Assistant Financial Secretary); Friday Ochai (Auditor); Eze Chinedu Nwachukwu (Organizing Secretary); and Mahmud Amin (Legal Officer).

In his acceptance speech, Comrade Marwan thanked the delegates for the confidence reposed in them and pledged to continue to fight for the issues that are passionate and important for the union and its members. While making this commitment on behalf of the elected leaders, Marwan charged the delegates to return to their base reinvigorated and charged for the struggles ahead.

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