Following the indefinite strike action embarked upon by judiciary workers in Ondo state, the Nigerian Bar Association (NBA ) has insisted on the need for full implementation of financial autonomy in ensuring that justice is dispensed without fear and partiality in the state.
The association in a letter that contains their communiqué, to the state governor Lucky Aiyedatiwa, lamented that the “judiciary, as one of the arms of government is in the comatose as a result of the shutdown of all courts in the state by Judiciary Staff Union of Nigeria (JUSUN) over non-implementation of financial autonomy in the state.
It was jointly signed by the leadership of the five branches in the state, namely; Onimisi Umar, Chairman, NBA, Akure Branch; Omotola Odusola, Chairman, NBA, Okitipupa Branch; Henry Akingbesote, Chairman, NBA, Ondo Branch; Chief Kunie Ijalana, Chairman, NBA, Owo Branch and Omotan Ogunmodede, Chairman, NBA, Ikare-Akoko Branch.
They said that ” it is no longer news that all the courts in Ondo State have been under lock and keys since June 13th, 2025, due to the industrial action embarked upon by the Judiciary Staff Union of Nigeria (JUSUN) Ondo State Chapter.
“It is then, not an overstatement that a government is currently not in place in Ondo State due to the absence and visible collapse of the judiciary, which is the third leg on which the government stands.
“The visible absence of the judiciary, if not decisively and urgently revived, will precariously precipitate a state of anarchy, disorderliness, abuse of powers, and rising insecurity across the State,” the communique stated.
According to the association, the JUSUN’s strike is precipitated by the persistent failure of the state government to comply with the constitutional requirement of financial autonomy for the judiciary, as an independent arm of government as provided in Sections 81(3)(c), 121(3) and 162(9) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The NBA explained that financial autonomy of the judiciary is Indispensable for maintaining the independence and impartiality of the judicial system, which is a cornerstone of democracy and the rule of law.
“The financial autonomy of the Judiciary was well articulated and settled by the Supreme Court in the case of A.G. ABIA STATE & ORS. V. A.G. FEDERATION (2022) LPELR 57010 (SC); (2022) 16 NWLR (PT. 1856) PG 205, where the Ondo State Government was a party to the suit.
“In that judgment, the Supreme Court succinctly held thus: “It is disheartening to witness that eight (8) months after this, no funds have been released to salvage this ugly situation of the judiciary, as the deplorable state of our Courts, welfare of Magistrates, Presidents of Customary Courts across the state and the processes to enhance the justice delivery system are unimaginably horrible.
“For instance, the two High Court rooms in Okitipupa Judicial Division that were completely razed during the “EndSARS” protest in 2020 have become a “zoo” and a habitat for snakes, reptiles and other wild animals.
“It is worse that the two judges in the Judicial Division always have to squat in the Magistrates’ courtroom interchangeably before they can sit to attend to cases,” the communique added.
The association said that “in Ondo Judicial Division, the epileptic state and condition of the High Court of Justice within the Division metaphorically portrays ‘injustice’ to any innocent mind that will come to seek justice in the court.
“The roofing of all the High Courts and Magistrate Courts in the Division is embarrassingly bad and leaking.
“Whenever it rains, it beats litigants, judges and lawyers in their robes. The situation is so dreadful that buckets are being supplied to leaky portions of courtrooms to contain the drips of rainwater.
“Not only that, the furniture of the courtrooms is damaged beyond repair to the extent that lawyers struggle to find a seat before they can present their case.
“This is the same horrible situation in Owo and Ikare Judicial Divisions. The infrastructure in the Akure Judicial Division is also falling, and most Magistrates do not have courtrooms to sit on,” it stated.
The NBA communique, decried inadequacy of provision for imprest to run the registries across all the judicial divisions in the state.
“There are no computer gadgets or stationery. Registrars and court clerks take court files to business centres before they can type and process official records of the courts, which are confidential and ought to be kept secret,” the NBA said.
The association also berated an act of using the judiciary for financial gain by the state government.
“We firmly believe that Your Excellency is aware that the judiciary’, as a unique arm of government, exists primarily to serve humanity by promoting access to justice and equity, and not to generate money. The failure to uphold these principles may inevitably lead to chaos and disorder.
“We state therefore, without equivocation, that the recent prohibition of manual filing of new suits and introduction of mandatory E-filing of Court processes managed by COMIS in Ondo State is a complete sham.
“As it is, N1,000.00 is levied as a service charge for every filing done through COMIS, no matter how negligible the filing is. Also, all filing fees and penalties are now channeled directly to the pool of the Ondo State Government.
“The creation of special Oaths Registries across all Judicial Divisions for the preparation and administration of Affidavits for deponents is a pointer that the judiciary in Ondo State is being transformed into a revenue- generating agency by the government.
“We ask that your Excellency resist any attempt and urge to commercialize the Judiciary by turning it into a business enterprise or a conduit pipe to generate revenue for the executive.
“We submit that more financial burden should not be imposed on the masses as a ticket to gaining access to justice, as that will erode the intendment of the right to access to justice by any citizen as provided in Section 36(1) of the Constitution of the Federal Republic of Nigeria,” the communique said.
They said that “members of association in the state as major stakeholders , have not enjoyed any discernible benefits from the revenue generated by the Judiciary, particularly from the Oath Registries across the state’s judicial divisions.
“The dismal state of our courts, inadequate infrastructure, and Insufficient provision of necessary supplies at court registries remain glaring issues, better imagined than witnessed.
“Your Excellency, the N400,000,000.00 only approved by you for the purchase of cars for Magistrates has not been released by the Ministry of Finance since your approval on 17th December, 2024. Also, the fence to the official residence of the Chief Judge has collapsed.
“ This metaphorically symbolizes the present state of the state judiciary.
“The reconstruction/renovation of the fence was consecutively budgeted for two years, but the judiciary was unable to access this fund until it collapsed on Sunday, the 15th June, 2025.
“ We are also aware of the fact that in the 2025 Appropriation Law of Ondo State, 5,966,997,920 (Five Billion, Nine Hundred and Sixty-six Million, Nine Hundred and Ninety-Seven Thousand, Nine Hundred and Twenty Naira) only covering both capital and recurrent expenditure was appropriated for the judiciary in the fiscal year 2025.
“While N3,056,615,708 (Three Billion and Fifty-Six Million, Six Hundred and Fifteen Thousand, Seven Hundred and Eight Naira) only covering both capital and recurrent expenditures was appropriated for the Customary Court of Appeal.
“However, just like in recent years, it is very appalling that to date, the judiciary has not been able to access these funds or its internally generated revenue for its use.
“ As a result, the judiciary is now scrambling for survival by looking inwards and seeking other means to stay afloat, thereby invariably exploiting the masses who seek justice and other judicial services.
“While we commend Your Excellency for the Judicial Village being built in Akure, we submit that such funds should have been given to the judiciary to execute its projects itself. This is because the judiciary knows where its shoe pinches most.
“It would be pretentious for the Government of Ondo State to claim that the failure to release the monies due to the judiciary is a result of a paucity of funds.
“This is because all states are enjoying a windfall in the current administration of President Bola Ahmed Tinubu.
“ The least monthly allocation received by Ondo State Government from the Federation account in this fiscal year since January 2025 is not less than N15,000,000,000 (Fifteen Billion Naira) only, which is about four (4) times the allocation received last in 2023.
“We recall the profound words of the late legal luminary Sapara Williams, who declared, “A lawyer lives for the direction of his people, and the advancement of the cause of his country.
“Thus, as a professional body whose slogan is for the defence of the Rule of Law, we cannot continue to keep silent in the face of suffocation which the Judiciary is facing, which has deprived it of its constitutional financial autonomy and entitlements, and prevented it from performing its duties.
“We believe that Your Excellency is not aware of the above-stated horrible state of the Ondo State judiciary because no responsible government would have allowed this to continue. To this end, we therefore request the release of the funds allocated for the judiciary in the Ondo State Appropriation Law, 2025.
“We further request that the state judiciary be allowed to enjoy its financial autonomy as guaranteed by the Constitution and the Supreme Court decision cited above to ensure full judicial independence.
“We believe that this is a responsible and responsive government, which is worth the name “government”, and is not happy that its third arm is missing,” it enumerated.
The NBA, prayer that “there would be a positive response from the state Governor within 48 hours of receipt of the letter that contains the communique.
