HomeOpinion
Opinion

Judiciary, legislature make Governors feel above the law

Law & Society Magazine
By Law & Society Magazine
215
164

P. D. Pius, Esq

All courts in Nigeria are currently shutdown by Judiciary Staff Union (JUSUN). It is a free for all right now. No matter the dispute, offence or wrong committed there is no court to validly send you to prison or resolve the problem now in Nigeria. We don’t even know how long this will last because it is an indefinite strike action.

Some will be quick to start blaming the President. Just hold on your thoughts on that for a while. Why are the courts shutdown? It is simply because the 36 Governors in Nigeria have failed, neglected or refused to obey provision of section 121 of the Constitution that grants financial autonomy to judiciary at state level and Houses of Assembly at state level. In other words, these issues have been settled and complied at the Federal level by Federal Government. But state Governors refused to comply at State level. This is very sad if you ask me.

But how did the Governors acquire such audacity to violate the provision of the constitution with reckless abandon? In my opinion, it is simply because the State Houses of Assembly are too dumb or they enjoy suffering while smiling with the judiciary watching hands akimbo. Why do I say so? To answer this question you have to understand what is the biggest offence in Nigeria.

The biggest offence in Nigeria is violation of the provision of the constitution. It is bigger than murder or any other offence stated in the criminal law or penal law. This is why, there is no immunity on any Governor that breach the constitution.

It is for this reason that section 188 of the Constitution provide the House of Assembly and the Chief Judge of States with power to remove any Governor that violate or breach the constitution without any regard to immunity. It is sad that the same State judiciary and legislature that has power to remove Governors for violation of the Constitution are same people using JUSUN to shutdown courts in order to address the issue of breach of the Constitution by the Governors.

Come on! This whole JUSUN strike is needless or a political jamboree. As a lawyer I will only advance what the law says and stand on the side of law. I cannot shy away from stating or supporting the law as it is. If truly the Governors are in breach of constitutional provision for judicial autonomy at state level, then the proper action is to commence removal proceedings of any such Governor. It is not to go on strike and request negotiations with the supposed biggest criminal suspect for committing the biggest offence of constitutional breach.

I don’t see any hitch in such removal proceedings in that the breach affects the two persons with power to remove the Governors, State Assemblies and State Chief Judges. There lies the proper parties against whom JUSUN, Lawyers and indeed all Nigerians should take action or engage to reopen the courts fast and probably tomorrow. Why? The action of these two bodies will solve JUSUN problem within few minutes as against strike action.

All the solutions are in the law as provided in the Constitution. We should just follow the Constitution to avoid argument and needless strike action. The judiciary and legislature should stop giving the Governors, a feeling of being above the law.
My one cent!

P. D. Pius, Esq.
Abuja, Nigeria.
[email protected]

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