Agbakoba charges governors to obey court decisions on judicial autonomy

The former president of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba (SAN) has called on the state governors to enforce court decisions in respect of the financial autonomy of the judiciary and save the country the avoidable strike embarked upon by the Judiciary Staff Union of Nigeria (JUSUN).

The senior lawyer said he was saddened by the strike action because of the stress it has caused the judicial system. 

“A simple way out is for state governors to observe the rule of law and obey judgments of the court,” he said in an open letter addressed to the chairman of the Nigerian Governor’s Forum, Dr. Kayode Fayemi dated April 11, 2021. 

His words: “Sections 81 (3) and 121 (3) of the Constitution of Nigeria, grants financial autonomy to Federal and State Judiciaries.  This has been confirmed by courts in the following cases.

“Judiciary Staff Union of Nigeria Vs National Judiciary Council & Governors of the 36 States in suit No: FHC/Abj/Cs/667/13. Olisa Agbakoba Vs FG, The NJC & National Assembly suit No. FHC/Abj/Cs/63/2013 and Olisa Agbkaoba Vs AG, Ekiti State & 2 others suit No. NAD/56/2013.”

According to him, President Buhari has affirmed the decisions of the courts by issuing Executive Order 10 of 2020, in exercise of his powers under Section 5 of the Constitution to ensure execution and maintenance of the constitution, which includes enforcement of decisions of the court.

“State governors should please enforce the decisions of the court and save the country this chaos. JUSUN is absolutely correct to pursue a policy of financial independence of the courts guaranteed by the Constitution and affirmed by three decisions of superior courts of Nigeria,” he declared.