Judicial Financial Independence: Agbakoba Tackles Nigerian Governors’ Forum

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Olisa Agbakoba

By; MATTHEW UKACHUNWA, Lagos

State governors in Nigeria have been asked to observe the rule of law and obey judgement of courts.
Senior Advocate of Nigeria (SAN), Dr. Olisa Agbakoba, said this in a letter he wrote to the Chairman of Nigeria Governors Forum (NGF), Mr. Kayode Fayemi, in which he expressed dissatisfaction with the recent strike embarked upon by members of the Judicial Staff Union of Nigeria (JUSUN).
The letter dated 11th April 2021 was titled: “State Governors Should Please Enforce Decisions Of The Courts And Save The Country Chaos In The Judiciary”.
“I am saddened by the avoidable strike action by Judiciary Staff Union of Nigeria (JUSUN) 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.  Sections 81 (3) and 121 (3) of the Constitution of Nigeria, grants financial autonomy to Federal and State Judiciaries,” Agbakoba told Fayemi, the governor of Ekiti State.  

He pointed out to the NGF leader that his claim in the letter has been confirmed by courts in the following cases, namely: Judiciary Staff Union of Nigeria vs National Judiciary Council and Governors of the 36 States in suit Nr. FHC/ABJ/CS/667/13, and in Olisa Agbakoba vs FG, the NJC and National Assembly suit Nr.  FHC/ABJ/CS/63/2013 as well as in Olisa Agbakoba vs AG, Ekiti State & Others, suit Nr. NAD/56/2013.
Agbakoba stressed thatPresident 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. 

He therefore declared: “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.”

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