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HEADLINES NEWS & LIFE

JUSUN strike stalls deposed Emir Sanusi’s suit against Kano Govt, others

A suit filed by deposed Emir Sanusi Lamido Sanusi II, against the Kano State government and others was Thursday stalled due to the strike by the Judiciary Staff Union of Nigeria (JUSUN).

The deposed emir had, on March 12, 2020, sued the Inspector-General (I-G) of Police and Director-General, Department of State Services (DSS) over what he called “unlawful detention/confinement” at the Federal High Court, Abuja.

Also joined in the motion with suit number: FHC/ABJ/CS/357/2020 are the Attorney-General of Kano State and Attorney General of the Federation as 3rd and 4th respondents respectively.

The former emir had, in a motion -ex-parte dated March 12 by his team of lawyers, sought an interim order of the court releasing him from the detention and/or confinement of the respondents and restoring his right to human dignity, personal liberty.

Sanusi, after his banishment from Kano, was confined to Awe town, Nasarawa State.
The presiding judge, Justice Anwuli Chikere, however. ordered his immediate release.

Although the deposed emir had since been released after the court ruling, the case is still in court as the originating motion was yet to be determined by the court.

On March 31, the matter could not come up and the case was therefore fixed for June 3.

Emir Sanusi

But the industrial action embarked upon by the judiciary workers nationwide to demand for financial autonomy for the judiciary hindered its hearing.

JUSUN on April 6 directed its members to shut down all courts across the country.
NAN reports that a verdict of the Federal High Court in Nigeria’s capital, Abuja, had in January 2014 held that financial autonomy for the judiciary is a constitutional provision that must be complied with by the executive branch of government.

On May 23, President Muhammadu Buhari signed into law the Executive Order to grant financial autonomy to the legislature and the judiciary across the 36 states of the country.

The order also mandates the Accountant-General of the Federation to deduct from source amount due to state legislatures and judiciaries from the monthly allocation to each state for states that refuse to grant such autonomy.

The Attorney General of the Federation Minister of Justice, Abubakar Malami, said Executive Order No. 10 of 2020 made it mandatory that all states of the federation should include the allocations of both the legislature and the judiciary in the first-line charge of their budgets.

According to the AGF: “A Presidential Implementation Committee was constituted to fashion out strategies and modalities for the implementation of financial autonomy for the State Legislature and State Judiciary in compliance with section 121(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended).”

The Nigeria Governors Forum said it will start implementing financial autonomy for the judiciary latest by May ending, a pledge that indicated that an end to the ongoing strike that has crippled the nation’s judiciary may be in sight.

The governors also called on striking members of the JUSUN to call off their two weeks old strike then.

The Chairman of the NGF, Governor Kayode Fayemi of Ekiti State, gave this assurance in an interview with journalists after meeting with “stakeholders” from the state judiciary and legislature at the Presidential Villa in Abuja.

Fayemi said the modalities for the implementation were worked out at the meeting held at the Presidential Villa.

According to him, the meeting, chaired by the Chief of Staff to President Buhari, Ibrahim Gambari, was attended by the Solicitor-General of the Federation, representatives of the judiciary, Conference of Speakers and House of Representatives.

The first line charge status, which is being respected by the Federal Government in respect of the federal judiciary, entitles the state judiciaries to get funds due to them directly from the Federation Account.

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HEADLINES NEWS & LIFE

JUSUN strike: NBA optimistic courts will re-open soon

The Nigerian Bar Association (NBA) has expressed the optimism that the protracted strike by the Judiciary Staff Union of Nigeria (JUSUN) will be called off soon.

JUSUN had, on April 6, embarked on an indefinite strike to press home its demand for implementation of full financial autonomy for the judiciary.

In a statement signed by its President, Mr Olumide Akpata, the NBA said that recent developments indicated that the strike would soon end.

It noted that the strike had taken its toll on NBA members and urged them to remain hopeful.

“The NBA leadership appreciates the sacrifices of its members and, once again, commends the efforts of its branches in standing firm, and putting pressure on state governments to obey the law in this regard.

“No doubt, the strike has taken its toll on our members whose activities revolve around the court system.

“As the strike enters its eighth week, I am happy to inform us that there is finally some light at the end of this tunnel.

“Following an all-stakeholders conciliation meeting held on Thursday May 20, 2021, an action plan was agreed to by all the parties for immediate implementation of financial autonomy for the judiciary, particularly in states,” it said.

The association listed the high points of the agreement to include state governors’ remittance to the judiciary in their respective states, the allocation due for the month of April 2021.

“JUSUN will suspend strike immediately upon receipt of the said allocation by the various state judiciaries.”

“In order to institutionalise this commitment, a fund management law detailing modalities for implementation of effective financial autonomy for the judiciary will be enacted by all states of the federation within 45 days from the date of agreeing to the action plan.

“In light of the foregoing and in the expectation that all the parties will continue to exhibit utmost bonafides, we can, with cautious optimism, anticipate that the strike will be suspended in a few days and all courts in the land will consequently be reopened,” it said.

The association praised its members for perseverance, and sympathised with members of the public who had to bear the social and economic cost of the protracted strike in one way or the other.

“In these extremely perilous times, the hardship that this strike has occasioned for members of the public as well as lawyers, can only be better imagined.”

“Posterity will remember us all for enduring this hardship in the interest of a worthy cause,” it said.

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HEADLINES NEWS & LIFE

Reps call on FG to ensure speedy resolution of JUSUN’s strike

The House of Representatives has called on the Federal Government to ensure speedy resolution of the lingering strike by the Judiciary Staff Union of Nigeria (JUSUN).

This followed the adoption of a motion by Rep Sergius Ogun (PDP-Edo) on the floor of the house on Thursday in Abuja

Moving the motion, Ogun said that the judiciary remained a critical component of government, saddled with the responsibility of adjudication of disputes which helped in the smooth running and functioning of the state.

He said that the closure of courts posed grave danger to the polity and was capable of exacerbating the current security situation in the country.

The lawmaker said that the strike had contributed to the overcrowding of police cells and correctional facilities across the country, adding that inmates were unable to go for trial or get bail.

He added that it had contributed to festering of disputes between private citizens as there were no judicial forum to submit their grievances for resolution.

He nonetheless appreciated the Federal Government and some State Governments for the steps they had taken to resolve the dispute in order for strike to be called off.

The house also mandated the Committees on Labour, Employment and Productivity and Judiciary to interface with the Minister of Labour and Employment and the Attorney–General of the Federation on steps taken to address the matter.

It asked the committee to submit its report within four weeks for further legislative action.

JUSUN had on April 6 embarked on an indefinite strike, owing to the failure of government to implement financial autonomy for the judiciary

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EDUCATION HEADLINES NEWS & LIFE

FG hopeful JUSUN, PASAN will call off strike soon

The Federal Government says it is hopeful the week-long consultations with stakeholders will end the strike by Judicial Staff Union of Nigeria (JUSUN) and Parliamentary Staff Association of Nigeria (PASAN) when conciliation resumes on Thursday.

The Minister of Labour and Employment, Sen. Chris Ngige said this in a statement signed by Mr Charles Akpan, Deputy Director, Press and Public Relations in the ministry in Abuja.

”The Federal Government is hopeful that the unions would call off their strike for peace to industrial reign in the states.

”We are confident that a week-long fruitful consultations with all the critical stakeholders would end the ongoing strike.

”We held consummate consultations with stakeholders alongside Secretary of the Presidential Implementation Committee on Autonomy of the Judiciary and State legislature, Sen. Eta Enang,” he said.

He said other stakeholders included the Chairman of the Nigeria Governors Forum, Dr Kayode Fayemi, Chairman of Northern Governors Forum, Mr Simon Lalong and officials from the Governors Forum Secretariat.

He said others are the Chairman of Speakers of the State Houses of Assembly as well as the Administrative Secretary of the Conference of Speakers of State Houses of Assembly.

”We have deepened the discussion with a meeting with the Chief Justice of Nigeria and the President of the Court of Appeal and other judges who are heads of courts.

”That is the President of the Federal High Court , President of the National Industrial Court of Nigeria and we looked at the positions canvassed by each of the components -judiciary , legislature and the governors forum.

“At the moment, we have distilled on a holistic basis, what this ministry regards as a conciliatory cocktail position – a mix of ideas from all sides , of constitutional positions and even part of Presidential Executive Order No.10.

“We have come out with a position and given same to all sides, including the body of Chief Judges of States through their representatives, the chief Judge of Bayelsa as proposals to study and come back.

”It contains the positions which each group proposed and which in our joint committee, in our wisdom, we felt was necessary to make for the independence- fund wise of the state judiciary and legislature without breaching the constitution of the Federal Republic of Nigeria .

“We have done something that will make the state legislature, judiciary and even the NJC operate optimally,” he said.

”So that they will open our courts and the state assemblies, so that even the state laws contained in the MOU will be enacted as soon as possible, within the 48 days execution period allowed the states to formalise it, “he said.

JUSUN began a nationwide strike on Tuesday, April 6, when the union directed all its members across the federation to shut down all courts after the expiration of the 21-day ultimatum earlier given over the failure of the government to implement the law recognising financial autonomy for the judiciary.

However on May 6, after a conciliation meeting between the government negotiating team with JUSUN and the Parliamentary Staff Association of Nigeria (PASAN), Dr Ngige had expressed optimism that the workers’ union would soon call off the strike.

President Muhammadu Buhari had, on May 22, 2020, signed into law an Executive Order granting financial autonomy to the legislature and the judiciary across the 36 states of the federation.

The Executive Order No. 10 of 2020 made it mandatory for all states to include the allocations of both the legislature and the judiciary in the first-line charge of their budgets.

The order also mandates the accountant general of the federation to deduct from source amount due to the state legislatures and judiciaries from the monthly allocation to each state, for states that refuse to grant such autonomy.

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HEADLINES NEWS & LIFE

JUSUN strike stalls Diezani’s trial

Former Petroleum Minister, Dieazani Alison-Madueke, was on Monday due to the strike by the Judiciary Staff Union of Nigeria (JUSUN).

The matter, which was before a Federal High Court in Abuja presided over by Justice Ijeoma Ojukwu was fixed for Monday, May 17, for the EFCC to give a report on its effort at extraditing Alison-Madueke to the country to stand her trial.

Although Justice Ojukwu had, on March 16, been transfered to the Calabar division of the court, the case was fixed for today following the absence of the EFCC’s lawyer, Farouk Abdullah, in court on March 3.

The case, which was earlier fixed for report or arraignment of the ex-minister, could not proceed as neither Abdullah nor Diezani was in court.

The court had, on Dec. 3, 2020, adjourned the matter until March 3 following the inability of the anti-graft agency to fully comply with its orders in the trial of Diezani.

Ojukwu fixed the date after counsel to the EFCC, Abdullah, prayed the court for more time to enable the anti-graft agency ensure full compliance with the court orders.

The judge had, on Oct. 28, 2020, refused to grant the EFCC’s application seeking the court order on issuance of warrant of arrest against Alison-Madueke.

Ojukwu held that an affidavit with evidence in support to proof that the earlier court summon granted the agency had failed in the extradition of Diezani must be filed by the commission before another request could be made.

The judge noted that the EFCC had informed the court that the Office of the Attorney General of the Federation (AGF) hinted that the arrest warrant was needed to further give the International Police (INTERPOL) the impetus to bring the defendant to Nigeria to answer to charges against her.

The judge, however, said it would give the anti-graft agency a room to put its house in order in the trial of the ex-minister because court orders were not made in vain.

Abdullah had, in an application, urged the court “to issue an arrest warrant against Alison-Madueke, who is believed to be in the UK to enable all law enforcement agencies and the INTERPOL to arrest her anywhere she is sighted and be brought before the court to answer to the allegation made against her before the court.”

He said since the summon had not been able to achieve the desired result, the need for a warrant of arrest cannot be over-emphasised.

The court had, on July 24, 2020, ordered the former minister to appeal before it and answer to the money laundering charge filed against her by the EFCC.

The judge gave the ruling in an ex-parte motion marked FHC/ABJ/CR/208/2018 brought by Abdullah.

The EFCC had accused the former minister of fleeing the country for the UK in order to escape justice, among others.

It would be recalled that the EFCC Chairman, Mr. Abdulrasheed Bawa, had, in the April edtion of the agency’s in-house magazine, disclosed that the anti-corruption commission recovered $153 million from Alison-Madueke.

Bawa said the agency also recovered the final forfeiture of over 80 property in Nigeria valued at about $80 million from the former minister, who has been living in the UK since leaving office some years ago.

The EFCC boss said he would want the former minister to face trial in Nigeria.

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HEADLINES NEWS & LIFE

Anambra Govt says JUSUN strike, national issue, not state-driven

The Anambra Government on Monday said the ongoing strike by the Judiciary Staff Union of Nigeria (JUSUN), was a national issue and not state-driven.

Prof. Solo Chukwulobelu, Secretary to the State Government, made the assertion, while addressing members of the Nigerian Bar Association (NBA), Anambra branch, at a peaceful protest to the Government House in Awka.

The News Agency of Nigeria (NAN) reports that the protest followed a directive issued on April 18 by the President of the NBA, Mr Olumide Akpata, to all branches of the association.

Chukwulobelu said the executive was aware of the need to ensure that all aspects of the three arms of government function properly.

“Your demands on independent judiciary are very important, but it is a national issue.

“The fact that the courts are not sitting is not because of financial autonomy, it is also a national issue, not state-driven.

“On financial autonomy, the state government has worked out an arrangement with the judiciary on how best to share what is received and based on available resources.

“I can also tell you that there is intention by the government to fix the courts across the state to make them more conducive.

“I assure you that your letter will get to Gov. Willie Obiano, so that the dialogue for a better judiciary will continue,” Chukwulobelu said.

Earlier, Mr Kingsley Awuka, Chairman, Committee of Chairmen of NBA branches in Anambra, said it was not proper for government to continue to keep mum over the state of the judiciary.

“We have done press releases and written to the governor appealing for action to better the judiciary, but all to no avail, hence, this protest to present our letter to the governor.

“The governor has the capacity to do the needful without the decision of the Nigerian Governor’s Forum, considering the peculiarity of the states where election is around the corner.

“With the state of insecurity in the state, no legal step can be taken because the courts are under locked and keyed,” Awuka said.

He said that the continued dependence of judiciary on the executive arm of government for its budgeting and funding has manifested in the poor and decrepit judicial infrastructure.

According to him, the most disturbing is the declining confidence of the masses in the judiciary and its independence.

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NEWS & LIFE

JUSUN urges FG invoke Executive Order No. 10, deduct Judiciary allocation

The Judiciary Staff Union of Nigeria (JUSUN) has urged the Federal Government to direct the Attorney-General of the Federation and Accountant General to deduct monies standing to the credit of the judiciary.

The Deputy President of JUSUN, Emmanuel Abioye, told the News Agency of Nigeria (NAN) in a telephone interview in Abuja.

“We call on the President to invoke his powers under Executive Order 10, by advising the Accountant General of the Federation to deduct at source, all funds due to State Judiciaries, and to pay same directly to the Heads of Courts in States that have refused to comply with the Executive Order 10, as constitutional directives are non negotiable,” he said.

The union had, on May 5, vowed that the industrial action embarked upon to demand for financial autonomy for state judiciaries would not be called off until the governors complied with the constitutional provisions.

JUSUN had began a nationwide strike on Tuesday, April 6, when the union directed all its members across the federation to shut down all courts after the expiration of the 21-day ultimatum earlier given over the failure of the government to implement the law.

However on May 6, after a conciliation meeting between the government negotiating team with JUSUN and the Parliamentary Staff Association of Nigeria (PASAN), the Minister of Labour and Employment, Dr Chris Ngige, expressed optimism that the workers’ union would soon call off the strike.

They had fixed another meeting for Tuesday, May 11, for the unions to consult with their various National Executive Committees on the government proposal to their members.

“My call to the Federal Government in this instance is that directive should be given to the public officer who is meant to carry out that assignment.

“And who is the person? It is the Accountant General of the Federation maybe through the Attorney General of the Federation (AGF).

“In all these, we don’t even need the consent of the governors before the needful is done,” he said.

The union leader, who stated that Sections 121(3), 81(3) and 162(9) of the constitution clearly stipulated the autonomy of the judiciary.

He said it was disappointing that since Jan. 13, 2014, when the union got the Federal High Court judgment in its favour, the law was yet to be implemented.

“What is needed is that the Accountant General of the Federation in conjunction with the directive of the AGF whatever ought to have deducted the money from the source,” he said.

NAN also reports that President Muhammadu Buhari had, on May 22, 2020, signed into law an Executive Order granting financial autonomy to the legislature and the judiciary across the 36 states of the federation.

The Executive Order No. 10 of 2020 made it mandatory for all states to include the allocations of both the legislature and the judiciary in the first-line charge of their budgets.

The order also mandates the accountant general of the federation to deduct from source amount due to the state legislatures and judiciaries from the monthly allocation to each state, for states that refuse to grant such autonomy.

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NEWS & LIFE

Strike: Lagos-JUSUN wrong for previously breaking ranks with national body – Lawyers

Some legal practitioners, on Thursday, described as wrong, the decision of the Lagos chapter of the Judiciary Staff Union of Nigeria (JUSUN) to break ranks with the national body.

Judiciary staff nationwide, on April 6, embarked on an indefinite strike, demanding that state governments grant financial freedom to their respective judiciary.

But the Lagos chapter partially called off the strike.

The state chapter of JUSUN, chaired by Mr Kehinde Shobowale, had in an April 22 memo, ordered a partial reopening of the courts from Wednesdays to Thursdays because the state had so far attained 75 per cent financial autonomy.

Following the directives, some courts in Lagos had on April 29, opened to the public.

They were, however, ordered to be shut down again by the national body that overruled the decision of the Lagos chapter.

Speaking to NAN, Mr Bayo Akinlade the National Convener of a group, Fight Against Corruption in the Judiciary (FIACIJ), described JUSUN Lagos as being “politicised”.

“The JUSUN strike has become a catalyst and a springboard for a national discourse on complex issues regarding the independence of the judiciary.

“We feel betrayed by the initial back and forth by JUSUN Lagos because it really does not make sense.

“If the courts come back now, are the problems bedevilling the courts going to change?

“It is because of the lack of independence that we kept someone in custody for five years.

“It is because of lack of independence that civil cases can go on for two years.

“Why can’t we fight for it now and get a new generation of judges and justice system that will be more efficient.

“I do not see why a sacrifice of a few months is not worth years and decades of an effective justice delivery system,’’ Akinlade said.

He noted that, though the courts are closed, there are various ways of settling cases outside of the courtroom like Alternative Dispute Resolution (ADR) and virtual hearings.

Mr Wale Ogunade, a Constitutional lawyer and president, Voters Awareness Initiative (VAI), said he believed power brokers and vested personal interests caused discord between the Lagos chapter of JUSUN and the national body.

“As an activist, I know that if a group is fighting for a cause, we must ensure that that general cause succeeds.

“Trying to break it is an ill-wind that does not do anybody good because what we are fighting for, is for the betterment of the society.

“There have been instances that a judgment comes out and the ordinary man on the street thinks this is not justice.

“This is because the judiciary is not independent.

“Thank God the Lagos JUSUN returned back to their senses because it is a fight for everybody and not for one person.

“Injustice to one is an injustice to all,’’ Ogunade said.

Another lawyer, Mr Ademola Adewale, opined that since it was the national body of JUSUN that called for the strike, the same body should be the one to call off the strike.

“When state chapters of JUSUN start to suspend the strike, it will undermine the strike and make it less effective.

“If any state, particularly Lagos, breaks ranks with the strike, the strike is practically over,’’ Adewale said.

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HEADLINES NEWS & LIFE

Strike won’t be called off until demands on financial autonomy are met – JUSUN

The Judicial Staff Union of Nigeria (JUSUN) says the nationwide strike will not be called off until a concrete resolution is reached on financial autonomy

By tomorrow, Thursday, the strike will be a month.

JUSUN had began a nationwide strike on Tuesday, April 6, when the union directed all its members across the federation to shut down all courts after the expiration of the 21-day ultimatum earlier given over the failure of the government to implement the law.

The Deputy President of the workers’ union, Emmanuel Abioye, in a telephone interview with NAN, on Wednesday, stated that the governors must do the needful before the strike would be suspended.

“This strike has generated a lot of public interest. As a matter of fact, some other associations have shown interest.

“The Nigerian Bar Association (NBA) has shown interest, and there is no way we can do anything without working in synergy with the NBA.

JUSUN strike: NBA to engage relevant stakeholders
NBA

“The Nigerian Labour Congress (NLC) has signified interested as well and there is nothing we can do now without a synergy with the NLC.

“So it is already in the public domain, even people are calling us to say that if we should suspend the strike without achieving tangible result, we have disappointed them, how much more our members.

“So without achieving our aim, if the promise that had been made by the governors failed, it will be unreasonable for us to go back.

“This demand is a provision of the law and democracy can only strive when there is rule of law. So everyone must follow the rule of law.

“People that are saddled with the responsibility must do the needful before we can suspend the strike,” Abioye said.

The union leader said though the governors, through their forum Chairman, Governor Kayode Fayemi, pledged that the demand would be implemented by this month, the workers would not believe until it was fulfilled.

“The development with the governor is not very clear except for the statement that was made by the Nigerian Governors Forum (NGF) Chairman, Governor Kayode Fayemi of Ekiti State.

“It is in the public domain that he said that they are going to begin the implementation of the financial autonomy for the judiciary by this month, May.

“We took that promise with a pinch of salt. Because the truth of the matter is that before now, we have been receiving promises which some have even tagged to be political statements.

“The reality is that since January 13, 2014, we got the judgment which ought to have been executed since that time, in addition to make clear the provision of the constitution that the autonomy should be given to the state judiciaries in line with Section 121 (3), Section 81 (3) and Section 162(9).

“So since that time up till now; we went on strike 2015, nothing was done. All these promises upon promises revealed to us that the governors are not ready to do anything.

“Except it is done, all these promises will be taken with a pinch of salt,” he restated.

Abioye, who called on all JUSUN members not to be weary as the strike continues, urged them to remain patient until the victory was achieved.

“We are working round the clock. As leaders in this struggle, we have sacrificed a lot of things.

“Our members should just hold on and endure the more because it takes endurance to achieve what we need to achieve; nothing comes easy, especially in Nigeria.

“Although the system ought to be allowed to work, unfortunately, we have found ourselves in this situation.

“We plead with them to exercise some patience. It is not our joy that people should stay at home without working. Very soon, by the grace of God, we shall sing a victory song,” he said.

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NEWS & LIFE

JUSUN strike: NBA to engage stakeholders

As the industrial action by the Judiciary Staff Union of Nigeria (JUSUN) enters its fifth week, the Nigerian Bar Association (NBA) has resolved to engage relevant stakeholders on financial autonomy for the Judiciary.

The News Agency of Nigeria (NAN) recalls that JUSUN on April 6, embarked on a nationwide strike action calling for a full implementation of financial autonomy for the Judiciary.

As a direct fall out of the strike, the union directed closure of all entrances to courts premises in the country.

With the strike action now in its fifth week, the NBA leadership has urged all lawyers to be patient , with a promise to continuously engage the relevant stakeholders to ensure full compliance with financial autonomy for the Judiciary.

In a statement signed by NBA national Publicity Secretary, Dr Rapulu Nduka, the association commended its members for standing firm in their quest for a true independence of the Judiciary, and assured of continuous engagements.

“As you are aware, the strike action by the Judiciary Staff Union of Nigeria (JUSUN) has entered its fifth week; the implication of this, is that our courts are shut down, thereby halting the activities of the third arm of government.

“Be assured that the leadership of the NBA will continue to engage the various stakeholders in ensuring that the constitutional provisions guaranteeing the financial autonomy of the judiciary, are enforced to the latter, as a condition precedent for calling off the strike action.

“The NBA leadership commends the efforts of its Branches in standing firm, and putting the necessary pressure on the various State Governments, to obey the law in this regard; the various branches are urged not to relent in the interest of our democracy,” he said

He said that the NBA leadership is not unmindful of the financial strain on legal practitioners, occasioned by the ongoing strike, and pleaded with members to be patient as the ongoing struggle anchors on the Association’s paramount mandate of promoting the rule of law.