Akinwande Soji-Ojo
The activities in Osun State judiciary have been paralysed for over three months following the indefinite strike action embarked upon by the state branch of Judiciary Staff Union of Nigeria (JUSUN).
JUSUN had on November 22, 2023 embarked on an indefinite strike action over the unlawful suspension of five of its members by the Chief Judge of the state, stoppage of staff training since 2015, inadequate implementation of staff promotion, advancement and regularisation, non-payment of wardrobe allowances to judiciary workers as well as poor working conditions and poor maintenance of court infrastructures.
According to JUSUN in the state, the five members were suspended for periods running into 57 months and 46 months respectively with all efforts to recall them proving abortive, even after two of them tried for criminal offences had been discharged and acquired by a magistrate court.
Following the grounding of activities in the judiciary, an indigene of Osun State from Boluwaduro Local Government, Asiwaju Adegboyega Awomolo (SAN), dragged the state government, Judiciary Staff Union of Nigeria (JUSUN); immediate past chairman of JUSUN, Comrade Kunle Eludire; Chairman of JUSUN Caretaker Committe, Comrade Lawal Ademola Rasaq; Secretary of JUSUN Caretaker Committee, Comrade Salam Saheed, Attorney -General and Commissioner for Justice before the National Industial Court of Nigeria (NICN) in Ibadan.
The Judiciary Staff Union of Nigeria (JUSUN); immediate past chairman of JUSUN, Comrade Kunle Eludire; Chairman of JUSUN Caretaker Committee, Comrade Lawal Ademola Rasaq; Secretary of JUSUN Caretaker Committee, Comrade Salam Saheed, Attorney -General and Commissioner for Justice and Osun State Commissioner of Police are the 1st, 2nd, 3rd, 4th, 5th and 6th defendants in the suit.
Awomolo sought an order of mandatory injunction compelling the 1st, 2nd, 3rd and 4th defendants to call-off the industrial action “illegally embarked upon by members of the 1st efendant in Osun State.”
He also sought an order of mandatory injunction compelling the 3rd and 4th defendants (or any other member of the Caretaker Committee of the Judiciary Staff Union of Nigeria of Osun State) to direct all members of the 1st defendant in Osun State to resume and continue their duties as employees of the judiciary of Osun State.
The senior advocate sought another order directing the 5th defendant to ensure, facilitate and maintain reopening and continued function of the judiciary of Osun State by doing all that the Government of Osun State is expected under the law.
Awomolo also want the court to direct the 6th defendant to provide security for Osun State judiciary workers with a view to ensuring full compliance with the order and judgement of “this court particularly with respect to the reopening and continued function of the judiciary of Osun State.”
Addressing newsmen at the NICN premises on Monday, Musibau Adetunbi (SAN), who is the counsel to to the 2nd defendant and immediate past chairman of JUSUN in Osun State, Comrade Kunle Eludire, told the court that there is a signed memorandum of agreement dated February 16, 2024, which was signed by the Osun State Government, National Executive Council and Osun State branch of JUSUN as well as Osun State judiciary. He said the agreement was signed by the Attorney-General and Commissioner for Juatice, Wole Jimi-Bada; Chief Registrar of Osun State High Court Of Justice, Mr F.I. Omisade and JUSUN National President, Comrade Marwan Adamu.
Adetunbi said contrary to what the claimant wants to impress on the court, Osun State Government signed the agreement to call off the strike.
He added that the state government has fulfilled all the resolutions in the agreement except one, which is not in its purview.
The senior lawyer revealed that the state government had cleared the 57 months withheld salaries of the five workers and has signed the agreement raised by JUSUN in demonstration of its willingness to end the strike but that the governor has no power to recall the workers.
According to Adetunbi, Osun State Government has paid the salaries of the five staff that were unpaid till December 2023, with the total outstanding sum being N8,623,600.00
“The executive arm of Osun State Government has been very cooperative with JUSUN and has been making effort to see to the calling off of the lingering strike action.
“The state overnment has caused the salaries of five members of staff who were suspended by the Chief Judge, which had remained unpaid till December, 2023 to be paid on compassionate grounds, despite the fact that the state government had earlier paid their salaries,” he said.
The senior advocate also said the state government has paid the staff’s wardrobe allowances for year 2023.
“I say that as for year 2021 and 2022 Staff’s Regulation Dress Allowance/Robe Allowance, same had earlier been budgeted for, thus, there is a need to investigate the reason for non-payment despite having budgeted for same. The state government having budgeted for year 2021 and 2022 Regulation Dress Allowance/Robe Allowance in the year’s respective budget, there is a need to conclude investigation in order to ascertain how the budgeted fund was utilised,” he added.
The counsel stated that the staff were suspended by the Chief Judge Justice Adepele Ojo, and they cannot be called back by the Osun State Government.
“It is the Honourable Chief Judge of Osun State and the Judicial Service Commission who have the power to call these members of staff back. As at date, neither the Honourable Chief Judge nor the Judicial Service Commission have taken any step towards recalling these members of staff, hence the continued strike action,” Adetunbi said.
It was gathered that there is no love lost between the chief judge and the state’s Judicial Service Commission (JSC), which was recently constituted by Governor Ademola Adeleke after he was sworn in November 2022. Those sacked to pave way for the new members of the commission are in court to challenge the appointment of current JSC members.
Hearing of Awomolo’s originating summons has been adjourned to March 4, 2024.
