*Judiciary and legislature make Governors feel above the law*

-P. D. Pius, Esq

All courts in Nigeria are currently shut down by the Judiciary Staff Union (JUSUN). It is a free for 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 to your thoughts on that for a while. Why are the courts shut down? It is simply because the 36  Governors in Nigeria have failed, neglected or refused to obey the provision of section 121 of the Constitution that grants financial autonomy to the judiciary at the state level and Houses of Assembly at the state level. In other words, these issues have been settled and complied with at the Federal level by the Federal Government. But state Governors refused to comply at the 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 a 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 for any Governor that breaches the constitution.

It is for this reason that section 188 of the Constitution provides the House of Assembly and the Chief Judge of States with the power to remove any Governor that violates or breaches the Constitution without any regard to immunity. It is sad that the same State judiciary and legislature that has the power to remove Governors for violation of the Constitution are the same people using JUSUN to shut down 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 the law. I cannot shy away from stating or supporting the law as it is. If truly the Governors are in breach of the constitutional provision for judicial autonomy at the 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 the power to remove the Governors, State Assemblies and State Chief Judges. There lie 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 the JUSUN problem within a 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.

piusdanba@gmail.com