Editorial

JUSUN’s Strike: Matters Arising

Published

5 years ago

April 12, 2021

Courts and State Houses of Assembly across the country are under lock and key in total compliance with the strike called by the Judiciary Staff Union of Nigeria (JUSUN) and the Parliamentary Staff Association of Nigeria (PASAN) respectively. Both unions have taken industrial action over the non-implementation of financial autonomy for their institutions.
While at the federal category, the judiciary and the National Assembly (NASS) are on the front line charge entitling them to financial autonomy, the same cannot be said of the judiciary and legislature at the state level. Determined to ensure that states give the thumbs up to these constitutional provisions, JUSUN and PASAN consequently instructed their members throughout the country to shut down indefinitely.
Recall that on the 22nd of May, 2020, President Muhammadu Buhari signed Executive Order 10, which seeks to institute the financial sovereignty of the legislature and the judiciary at the state level. Not surprisingly, the President’s action sparked off a heated debate about the constitutionality or otherwise of the Order. This was mainly among state governors.
The objective of the Executive Order 10, also known as the “Implementation of Financial Autonomy of State Legislature and State Judiciary Order, 2020,” is to ensure effective conformity with the 4th Alteration to the Constitution and provide a realistic framework for the legislative and judicial arms of state governments to have financial autonomy.
The 4th Alteration, which amended Section 121(3) of the Constitution, provides that: “Any amount standing credit of the – a) House of Assembly of the state, and b) Judiciary, in the Consolidated Revenue Fund of the state shall be paid directly to the said bodies respectively; in the case of the judiciary, such amount shall be paid directly to the Heads of the Courts concerned.”
Before this modification, Section 121(3) and the related provision contained in Section 81 of the Constitution, which pertains to the Federal Government, provided autonomy for only the judiciary. The President’s Executive Order enjoins the Accountant-General of the Federation to deduct from source the money payable to state legislature and judiciary from the monthly allocations of states whose executive fail to approve of financial autonomy for the other arms of government.
The Order directs state governments to set up a committee comprising the Commissioner of Finance, the Accountant-General of the State, a representative of the state’s Budget Office, the Chief Registrar of the High Court, Sharia Court of Appeal or Customary Court of Appeal as applicable, the Clerk of the House of Assembly and the Secretary of the State Judicial Service Committee or Commission. This committee is to be accorded legal recognition in the appropriation laws of each state. The committee’s main undertaking is to, where appropriate, determine based on the revenue silhouette of the state, a feasible budget for each arm of the state government.
The Executive Order also provides that each state judiciary should set up a judiciary budget committee to be accountable for preparing, administering and enforcing the budget of the judiciary. The committee would incorporate the state’s Chief Judge as Chairman, the Grand Kadi of Sharia Court of Appeal or President of Customary Court of Appeal as applicable, and two members of the Judicial Service Committee or Commission to be appointed by the Chief Judge. The Chief Registrar is to function as Secretary of the committee.
The absence of financial autonomy for both tiers of government has become a protracted issue, specifically with the judiciary, which was granted such autonomy earlier than the 4th Alteration. The desire to implement this autonomy inspired Olisa Agbakoba (SAN) to file a lawsuit against the Attorney General of the Federation (AGF), the National Judicial Council (NJC) and the NASS in February 2013. His suit oppugned the extant policies of appropriating the judiciary’s budget in the Appropriation Bills, rather than being a first-line charge paid directly to the judiciary. He insisted that the practice was inconsistent with the constitutional provisions of Section 81(3) of the 1999 Constitution.
Similarly, JUSUN instituted an action against the NJC, AGF and state Attorneys General in the same year, and claimed reliefs for the execution of the monetary autonomy of the judiciary at both the federal and state levels by the provisions of Sections 81(3) and 121(3) of the 1999 Constitution. Both suits were determined in favour of the financial autonomy of the judiciary. However, several years later, essential parts of the judgments are nonetheless being traduced as state governments maintain their breach of the Constitution.
The struggle for real autonomy of state legislature and the judiciary by JUSUN and PASAN deserves support from true lovers of democracy. In any democratic administration, all arms of government bear an equal weight of responsibility. While the legislature makes laws, the judiciary interprets the same and the executive runs the government. To discharge these duties, therefore, the three arms of government must function independently of each other to ensure a balanced society. This is exactly what the principle of separation of powers hypothecates.
Though Nigeria professes to be practising a democratic system of government, her actual applications of democratic principles are far-flung from global standards. Unlike many other nations, the Nigerian judiciary, which ought to be the illuminant of justice and the confidence of the ordinary man, suffers severe inordinate interference from the executive arm of government. For instance, while other arms of government budge their annual budgets to the legislature for approval, the judiciary is constrained from doing the same as their budget estimates are transmitted to the executive instead of the legislature.
Since independence, the judiciary has remained the shellacking organ of the other arms of government, totally famished of funds, influenced at will by the executive and diminished to mere rubber stamp. The legislature undergoes a similar fate. This is the battle Assembly and judiciary workers in the country are currently immersed in and we seriously consider it a just struggle, more so when several courts had ruled on the illegality of the practice.
We endorse any action taken to wean off the judiciary and the legislature from arm-twisting and enslavement, whether by way of a strike, court action or otherwise. Such effort should be sustained by all democrats and indeed all lawyers. We urge Nigerians, including the Nigerian Bar Association (NBA) to support JUSUN and PASAN as they deserve our collective solidarity, not denunciation. Everyone must patronise this struggle as a truly independent legislature and judiciary is the aspiration of the average Nigerian.

Editorial

Getting State Police Right

Published

23 hours ago

June 29, 2026

The Tide

Nigeria appears closer than ever to embracing state police, a transformative reform that has dominated national security discourse for years. Such a move, however, requires constitutional amendment to eliminate existing legal obstacles. The National Assembly deserves commendation for expediting work on the necessary legislation to amend Section 214 of the 1999 Constitution, which currently provides for a single, centralised national police force. Having secured passage in both chambers, the amendment bills should now be transmitted without delay to the state Houses of Assembly for prompt consideration.

The urgency of this reform is indisputable. Nigeria has been grappling with terrorism, banditry, kidnapping, communal violence, and organised crime, all of which have overstretched the existing security architecture. According to the National Bureau of Statistics, Nigerians paid an estimated N2.23 trillion in ransom between May 2023 and April 2024, while about 51.9 million crime incidents affected households during the same period. These disturbing figures underline the necessity of strengthening policing through a more pragmatic and responsive system.

State police could remarkably complement the efforts of the Nigeria Police Force (NPF), bringing law enforcement closer to local communities. Officers recruited from within their areas are often better acquainted with the terrain, languages, and cultural dynamics that shape criminal activity. Such local knowledge could produce a more perspicacious approach to crime prevention, intelligence gathering, and rapid emergency response.

Critics rightly fear that state police could become instruments of political persecution if left unchecked. Unscrupulous governors may be tempted to intimidate opponents, suppress dissent, or influence elections through the misuse of security agencies. Any constitutional amendment must, therefore, establish firm precautions that guarantee operational independence and prevent such capricious abuse of authority.

Another serious concern is finance. Running a modern police organisation requires sustained investment in personnel, equipment, technology, training, and welfare. Many states already struggle to pay salaries and pensions promptly. Without reliable funding, state police could deteriorate into poorly equipped institutions that weaken rather than strengthen public safety. Fiscal prudence must accompany political ambition.

Nigeria’s ethnic and religious diversity also demands careful reflection. Minority communities in several states have legitimate concerns that locally controlled police could be manipulated against them during periods of political or communal tension. Recruitment based on ethnicity, family ties, or political loyalty would further undermine professionalism. Only transparent procedures founded on merit can cultivate an equitable policing culture.

Equally important is the need for a comprehensive legal framework to regulate state police operations. Clear provisions are required to define jurisdiction, disciplinary procedures, civilian complaints, accountability mechanisms, and the limits of operational authority. Without such legal clarity, disputes and uncertainty could quickly overwhelm the new institutions.

The relationship between state police and the Nigeria Police Force also deserves meticulous attention. Cross-border crimes, insurgency, and organised criminal networks rarely respect state boundaries. Unless command structures, operational responsibilities, and emergency coordination are carefully defined, jurisdictional rivalry could produce dangerous ambiguity at critical moments.

A fragmented security system presents another risk. Thirty-six separate police commands operating under different priorities and standards may complicate coordinated national responses to terrorism, banditry, and other transnational threats. Intelligence sharing between federal and state agencies must be seamless, timely, and cohesive, leaving no room for avoidable security gaps.

Human rights protection should occupy a central place in the reform agenda. Nigeria’s experience during the #EndSARS protests exposed deep concerns about police brutality, impunity, and excessive force. Establishing additional police formations may merely multiply opportunities for abuse. Independent complaint commissions, judicial oversight, and regular human rights training are indispensable guarantees.

Political transitions pose another challenge. Changes in state administrations should never trigger wholesale dismissals of police leadership or politically motivated appointments. Professional continuity, rather than partisan loyalty, must define career progression. Uniform training standards, ethical codes, and promotion procedures will help preserve the integrity of the institution regardless of who occupies government office.

History also offers a critical lesson. Nigeria operated regional police forces before 1966, but their widespread political misuse contributed to their eventual abolition. That experience should not automatically condemn present reforms, yet neither should it be ignored. Policymakers must undertake a judicious assessment of past failures and design institutions capable of preventing their recurrence.

Ultimately, state police represent an opportunity to strengthen security, but only if reform is pursued with wisdom rather than haste. Constitutional amendment alone will not guarantee success. Strong oversight institutions, transparent recruitment, sustainable funding, effective intelligence sharing, respect for human rights, and genuine accountability must accompany decentralisation. If these essential conditions are fulfilled, state police could become a valuable pillar of national security instead of another source of instability.

Editorial

June 12: The Faltering Democratic Journey

Published

3 weeks ago

June 12, 2026

The Tide

Nigeria today marks Democracy Day, an occasion set aside to celebrate the country’s democratic journey and reflect on the sacrifices made by citizens in the struggle for representative government. The day is both a celebration and a reminder that democracy is not merely about periodic elections. It is also about freedom, justice, accountability, security, and the welfare of the people.

June 12 occupies a special place in Nigeria’s political history because it commemorates the presidential election of June 12, 1993, widely regarded as the freest, fairest, and most credible election ever conducted in the country. The election was won by late Chief Moshood Kashimawo Olawale Abiola, but the military government of General Ibrahim Babangida annulled the results, plunging the nation into political turmoil and a prolonged struggle for democratic rule.

For many years, Nigeria celebrated Democracy Day on May 29 because that was the date when military rule ended and power was handed over to a democratically elected government in 1999. However, in 2018, the administration of late President Muhammadu Buhari officially moved Democracy Day from May 29 to June 12. The change was intended to honour the sacrifices of those who fought against military dictatorship and to recognise the importance of the annulled 1993 election.

More than two decades after the return to civilian rule, Nigeria’s democratic record presents a mixture of progress and disappointment. The country has maintained uninterrupted civilian government since 1999, making it the longest democratic period in its post-independence history. Yet, the quality of governance and democratic institutions remains a matter of concern.

On political rights, Nigeria has made modest gains. Citizens have the constitutional right to vote and contest elections, and political parties operate freely. However, concerns have always been about voter apathy, political violence, and the influence of money in politics. In the 2023 general election, fewer than 30 per cent of registered voters cast their ballots, highlighting declining public confidence in the electoral process.

Civil liberties have improved compared with the military era, but challenges persist. Citizens enjoy greater freedom to express opinions, organise groups, and participate in public debates. Nevertheless, reports of unlawful arrests, harassment of activists, and restrictions on peaceful protests raise questions about the full protection of civil freedoms.

Electoral integrity has shown some improvement through the deployment of technology by the Independent National Electoral Commission. Yet disputes over election management, vote buying, rigging, logistical failures, and prolonged litigation undermine public trust. Many Nigerians still believe electoral reforms have not gone far enough to guarantee completely transparent elections.

Freedom of expression and association are relatively vibrant. Traditional and social media platforms provide citizens with avenues to criticise government policies and mobilise public opinion. However, journalists, activists, and media organisations occasionally face intimidation, legal pressures, and threats that create concerns about press freedom and democratic openness.

Security is one of Nigeria’s weakest democratic indicators. Insurgency in the North East, banditry in the North West, farmer-herder conflicts in parts of the Middle Belt, separatist tensions in the South-East, and widespread kidnapping have created a climate of fear. Thousands of lives have been lost in violent attacks over the past decade, while many communities live under constant security threats.

The rule of law and judicial independence present a mixed picture. Nigerian courts have delivered landmark judgments that have strengthened democracy and resolved electoral disputes peacefully. Yet allegations of political interference, delays in the justice system, and concerns over selective application of the law affect public confidence in the judiciary.

Protection of individual rights and checks on executive power are among areas requiring improvement. Although constitutional safeguards exist, enforcement is often inconsistent. Institutions responsible for oversight, including the legislature and anti-corruption agencies, sometimes face accusations of weakness or partisanship. Strong democratic systems require institutions that can operate independently of political influence.

On accountability and transparency, Nigeria has made some progress through public procurement reforms, digital financial systems, and increased access to information. Yet corruption remains a major obstacle. Transparency International’s Corruption Perceptions Index has consistently ranked Nigeria among countries facing serious corruption challenges. The misuse of public resources undermines development and public trust.

Citizen participation in governance has expanded through civil society organisations, community groups, and digital engagement. However, many citizens still feel disconnected from decision-making processes. Economically, democracy has not delivered the level of prosperity many expected. Despite being Africa’s most populous nation, Nigeria has been struggling with high inflation, unemployment, poverty, and a rising cost of living. Effective and responsive government remains a challenge as many Nigerians demand better public services, infrastructure, healthcare, and education.

As Nigeria marks Democracy Day, the path forward is clear. Electoral reforms must be strengthened to improve transparency and public confidence. Security agencies must be better equipped and held accountable. Judicial independence should be protected, while anti-corruption institutions must be empowered to act without fear or favour. Governments at all levels should embrace transparency, respect human rights, and prioritise economic policies that create jobs and improve living standards.

Above all, citizens must actively engage in governance. Democracy flourishes not only through elections but also through continuous participation, vigilance, and accountability. The promise of June 12 will be fully realised only when democratic governance delivers freedom, justice, security, and prosperity to all Nigerians.

Editorial

Fix Bad Roads, Avert Flooding In PH

Published

3 weeks ago

June 8, 2026

The Tide

For many years, residents of Port Harcourt have suffered from deplorable roads and persistent flooding. During the rainy season, movement becomes difficult and business activities are often disrupted. Thankfully, there has been some relief in one major area. Since Governor Siminalayi Fubara addressed the flooding problem along Ikwerre Road by Afikpo Junction, the situation has improved significantly. Even after heavy rainfall, the area no longer experiences the usual flooding, and vehicles can now move freely without difficulty. This intervention deserves accolade and commendation.

Another notable project is the ongoing drainage reconfiguration at NTA Road, opposite the Nigerian Television Authority. The work being carried out there shows that the government recognises the connection between poor drainage and deteriorated roads. Once completed, the project could become a good example of how proper planning and infrastructure maintenance can improve urban roads. The administration should be encouraged to sustain this undertaking.

While the governor continues to carry out development projects across the state, attention should also be given to Obi Wali Road in Obio/Akpor Local Government Area. The road has remained in decrepit condition for years despite its importance as a major economic route. Whenever it rains, flooding stretches from Rumuigbo Junction to Nkpolu Junction, forcing businesses to discontinue operations for the day. According to traders in the area, several shops shut down after every heavy rainfall. This situation cannot continue indefinitely.

Fubara should spend more time scrutinising roads and infrastructure across Port Harcourt personally rather than depending entirely on reports from officials. His intervention at Ikwerre Road was successful because he saw the problem firsthand and understood the extent of the tribulations faced by motorists and residents. The same practical approach should now be replicated on Obi Wali Road.

A visit to the area during rainfall would clearly reveal how quickly the road becomes impenetrable. Vehicles struggle to move through the flooded sections, while pedestrians are forced to walk through unsanitary water. Direct assessment often provides a clearer understanding of problems and can lead to quicker and more efficacious solutions.

The current condition of Obi Wali Road is similar to what Elelenwo Road looked like before it was reconstructed under the administration of former Governor Nyesom Wike. After the road was metamorphosed, the area became more accessible, attractive and serviceable. Today, Elelenwo Road accommodates heavy traffic daily without major flooding issues. There is no reason Obi Wali Road should not receive similar attention. What is required is commitment and political fortitude.

The Airforce and Rumuomasi section of the Port Harcourt–Aba Road, beginning from Shoprite to PAMO, also remains in very poor predicament. During heavy rainfall, flooding affects the stretch from Lagos Bus Stop to Market Junction, covering almost 1.2 kilometres. As a result, motorists are forced to circumnavigate through Old Aba Road before reconnecting at Rumubiakani or Market Junction. This often adds between 20 and 30 minutes to expeditions during the rainy season.

The situation is becoming increasingly disconcerting. Smaller vehicles frequently avoid the route whenever it rains heavily. Reports from local transport operators indicate that many private and commercial vehicles circumvent the area on rainy days. Sadly, this has become a perennial problem every rainy season, despite changes in government over the years. The current administration should focus on providing a permanent solution rather than temporary repairs that fail after a short time.

Flooding is also common along the NTA–Choba Road near Choba Market, opposite Royal House of Grace Church. Although the road itself is in fairly good condition, blocked drainage channels continue to create encumbrances whenever it rains. In addition, potholes are beginning to materialise along Obiri Ikwerre Road leading towards NTA Road. If these faults are ignored, they will eventually develop into major road degeneration.

Other areas in urgent need of attention include Mile 3 Market Road to Wokoma Street, which floods after torrential rainfall, and Gambia Junction at Mile 2 Diobu, where flooding has become ubiquitous. Okporo Road, the stretch from Rumuodara Junction to Artillery, Bereton Junction, and Miniesuku Junction near Halley College are all in dilapidated condition. Altogether, these roads affect the daily movement of hundreds of residents across the city.

To address these challenges effectively, the state government should establish a specialised road maintenance agency responsible for identifying and repairing damaged roads before they deteriorate completely. Regular inspections and preemptive maintenance would help reduce long-term reconstruction costs and improve road safety across Port Harcourt.

Local government councils also have an important role to play. Each council should maintain meticulous records of roads within its jurisdiction and monitor their condition regularly. Responsibility for road maintenance should not rest entirely on the state government. Better synergy between state and local authorities would ensure that no road is overlooked.

Governor Siminalayi Fubara has already shown positive leadership through the improvements at Ikwerre Road. Residents now hope that the same commitment will be cloned across other troubled areas in Port Harcourt so that the city could finally experience safer roads, better drainage and unobstructed movement for everyone.