By BONIFACE AKARAH

The Foundation for Environmental Rights Advocacy and Development (FENRAD) has called for the immediate resolution of the ongoing judiciary workers’ strike in Abia State, warning that the shutdown of courts is undermining access to justice and weakening public confidence in the legal system.

FENRAD Executive Director, Comrade Nelson Nnanna Nwafor, said in the statement that “the shutdown of judicial activities has far-reaching implications, including prolonged detention of awaiting-trial inmates, disruption of civil and criminal proceedings, and erosion of public confidence in the justice system,” adding that “this situation poses a direct threat to the rule of law and democratic governance,” and warning that “if established, such actions amount to a serious breach of the rule of law and set a dangerous precedent for democratic governance.”

The organisation noted that the prolonged strike has resulted in delayed hearings, overcrowded detention centres, and stalled civil and criminal proceedings across the state.

Constitutional framework and legal concerns

FENRAD said the dispute raises “fundamental constitutional issues bordering on judicial financial autonomy, welfare of judicial staff, and compliance with subsisting court judgments and constitutional provisions.”

It cited Section 121(3) of the 1999 Constitution (as amended), which provides that “any amount standing to the credit of the judiciary in the Consolidated Revenue Fund of the State shall be paid directly to the heads of the courts concerned.”

The organisation also referenced Section 6 of the Constitution, which vests judicial powers in the courts, and Section 17(1)€, which emphasizes “the independence, impartiality and integrity of courts” as a fundamental governance principle.

Judicial authorities cited

FENRAD recalled the Supreme Court judgment in Attorney-General of Abia State v. Attorney-General of the Federation (2022), noting that while Executive Order No. 10 was struck down, the court held that “state governments are nonetheless constitutionally bound to implement financial autonomy for the judiciary and legislature as expressly provided in the Constitution.”

It also cited earlier Federal High Court decisions which held that “funds meant for the judiciary must not be subjected to executive control or discretion once appropriated.”

Institutional compliance concerns

The group stressed that judicial staff matters fall under the Abia State Judicial Service Commission, established under Part II of the Third Schedule to the Constitution.

It warned that “any action outside this framework risks constituting a violation of constitutional provisions and the doctrine of separation of powers.”

FENRAD’s demands

The organisation urged the Abia State Government to:

“fully implement Section 121(3) of the Constitution regarding direct judiciary funding”

“comply with subsisting court judgments on judicial autonomy”

“engage urgently with judiciary workers to resolve the industrial dispute”

“reopen courts immediately to restore access to justice”

“adhere strictly to due process in all administrative actions affecting judiciary staff.”

FENRAD maintained that “the Constitution is clear and unambiguous on the issue of judicial autonomy. Compliance is not discretionary,” stressing that continued closure of courts is unacceptable.

The organisation reiterated that the rule of law remains the foundation of democracy, noting that government must not only make laws but obey them.

It concluded that “continued disregard for constitutional provisions undermines democracy and weakens public trust in government institutions,” adding that “justice delayed is justice denied.”