Barrister David Ebosetale Aigbefoh Esq, a legal practitioner has called on the Federal Government to consider Judicial autonomy for the development of Judicial sector in the country.
The barrister who made the call in an interview with Newsmen in Abuja on Sunday to contribute his impute on the state of the nation said Judicial autonomy would go a long way to strengthen the justice system.
Aigbefoh, who is also the Vice Chairman, Nigeria Bar Association (NBA) Gwagwalada Branch, said the Judiciary workers strike has now crippled Nigeria’s Judiciary at both state and federal levels for over 7weeks.
According to him, the Legislators and the Judicial arm of the government these days seems to be a tool for the interests of the Executive.
“The Constitution which is the grund norm, provides for separation and balance of powers among the three arms of government.
“Typical to every federation is the decentralisation of the sovereign powers of the government between a number of constituent authorities/regions, so that each authority retains some degree of control of the federal state.
“In Nigeria, its government is composed of three distinct and autonomous arms: the Executive, the Legislative, and the Judiciary.
“Each arm of government are creatures of law whose powers are expressly and explicitly vested by the Constitution of the Federal Republic of Nigeria, but sadly, the reality is, what is stated in principle and most times in law, is not always obtainable in practice.
Over the years, the Executive arm of government, seems to have imposed itself as the alter ego of Nigeria,” he said.
He maintained that in other to move the country forward, we must consciously and proactively come up with schemes that will alleviate the hardship suffered by the general population.
Besides, he said a reading of Section 40 of the Constitution of the Federal Republic of Nigeria, 1999, and Section 48 (1) of the Trade Dispute Act (TDA), 2004, makes the strike action of JUSUN, not only legal but also, necessary.
They have over the years, constructively and strategically placed both the Legislative and the Judicial arms of government under their whims and caprices. .
“On the 6th day of April,2021, the Judiciary Staff Union of Nigeria (JUSUN), embarked on a nationwide strike in agitation to gain autonomy and by implication, salvage Judiciary’s financial freedom from the executive.
“By insisting that payments of funds meant for the Judiciary be deducted directly from the Federation’s account and such payments be made to the heads of courts through the National Judicial Council (NJC) .
“The right to strike is a keystone of modern industrial society. In fact, it is a mark of democracy, while it is true that JUSUN is fighting for a worthy and just cause, the immediate impacts of her agitation is not all-round pleasant.
“Courts and its activities has been stalled over this period of time, hence, having a boomerang effect on Legal Practitioners who depends on functionality of the courts in order to meet their needs.
“Even as we must do everything legal and within our capacities, both individually and collectively, to achieve Judicial autonomy, we must also ensure that our members live and be of good state to celebrate our eventual victory.
“All hands must be on deck to ensure that our good and noble intentions don’t produce evil and wicked fruits. Learned colleagues, let’s do this. Yes, together we can!
“I call on the Executive and Legislature to do the needful inorder to achieve Judiciary financial autonomy,” he said.