Editorial
JUSUN’s Strike: Matters Arising
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.
When Rivers State Governor, Sir Siminalayi Fubara, received the Board and Management of the Nigerian Ports Authority (NPA), led by its Chairman, Senator Adeyeye Adedayo Clement, his message was unmistakable: Rivers’ seaports remain underutilised, and Nigeria is poorer for it. The governor’s lament was a sad reminder of how neglect and centralisation continue to choke the nation’s economic arteries.
The governor, in his remarks at Government House, Port Harcourt, expressed concern that the twin seaports — the NPA in Port Harcourt and the Onne Seaport — have not been operating at their full potential. He underscored that seaports are vital engines of national development, pointing out that no prosperous nation thrives without efficient ports and airports. His position aligns with global realities that maritime trade remains the backbone of industrial expansion and international commerce.
Indeed, the case of Rivers State is peculiar. It hosts two major ports strategically located along the Bonny River axis, yet cargo throughput has remained dismally low compared to Lagos. According to NPA’s 2023 statistics, Lagos ports (Apapa and Tin Can Island) handled over 75 per cent of Nigeria’s container traffic, while Onne managed less than 10 per cent. Such a lopsided distribution is neither efficient nor sustainable.
Governor Fubara rightly observed that the full capacity operation of Onne Port would be transformative. The area’s vast land mass and industrial potential make it ideal for ancillary businesses — warehousing, logistics, ship repair, and manufacturing. A revitalised Onne would attract investors, create jobs, and stimulate economic growth, not only in Rivers State but across the Niger Delta.
The multiplier effect cannot be overstated. The port’s expansion would boost clearing and forwarding services, strengthen local transport networks, and revitalise the moribund manufacturing sector. It would also expand opportunities for youth employment — a pressing concern in a state where unemployment reportedly hovers around 32 per cent, according to the National Bureau of Statistics (NBS).
Yet, the challenge lies not in capacity but in policy. For years, Nigeria’s maritime economy has been suffocated by excessive centralisation. Successive governments have prioritised Lagos at the expense of other viable ports, creating a traffic nightmare and logistical bottlenecks that cost importers and exporters billions annually. The governor’s call, therefore, is a plea for fairness and pragmatism.
Making Lagos the exclusive maritime gateway is counter productive. Congestion at Tin Can Island and Apapa has become legendary — ships often wait weeks to berth, while truck queues stretch for kilometres. The result is avoidable demurrage, product delays, and business frustration. A more decentralised port system would spread economic opportunities and reduce the burden on Lagos’ overstretched infrastructure.
Importers continue to face severe difficulties clearing goods in Lagos, with bureaucratic delays and poor road networks compounding their woes. The World Bank’s Doing Business Report estimates that Nigerian ports experience average clearance times of 20 days — compared to just 5 days in neighbouring Ghana. Such inefficiency undermines competitiveness and discourages foreign investment.
Worse still, goods transported from Lagos to other regions are often lost to accidents or criminal attacks along the nation’s perilous highways. Reports from the Federal Road Safety Corps indicate that over 5,000 road crashes involving heavy-duty trucks occurred in 2023, many en route from Lagos. By contrast, activating seaports in Rivers, Warri, and Calabar would shorten cargo routes and save lives.
The economic rationale is clear: making all seaports operational will create jobs, enhance trade efficiency, and boost national revenue. It will also help diversify economic activity away from the overburdened South West, spreading prosperity more evenly across the federation.
Decentralisation is both an economic strategy and an act of national renewal. When Onne, Warri, and Calabar ports operate optimally, hinterland states benefit through increased trade and infrastructure development. The federal purse, too, gains through taxes, duties, and improved productivity.
Tin Can Island, already bursting at the seams, exemplifies the perils of over-centralisation. Ships face berthing delays, containers stack up, and port users lose valuable hours navigating chaos. The result is higher operational costs and lower competitiveness. Allowing states like Rivers to fully harness their maritime assets would reverse this trend.
Compelling all importers to use Lagos ports is an anachronistic policy that stifles innovation and local enterprise. Nigeria cannot achieve its industrial ambitions by chaining its logistics system to one congested city. The path to prosperity lies in empowering every state to develop and utilise its natural advantages — and for Rivers, that means functional seaports.
Fubara’s call should not go unheeded. The Federal Government must embrace decentralisation as a strategic necessity for national growth. Making Rivers’ seaports work is not just about reviving dormant infrastructure; it is about unlocking the full maritime potential of a nation yearning for balance, productivity, and shared prosperity.
