Governor David Umahi of Ebonyi State has faulted the raging call for Judicial and Legislative autonomy, describing them as totally unnecessary.
The remark was contained in an address presented by the Governor during a valedictory court session marking the retirement of the Chief Judge of the State, Hon. Justice Anselm Nwaigwe.
The event was held at the Judiciary High Court Complex, Abakaliki on Friday.
According to the Governor, the welfare of the courts, the judges and other workers should assume priority demand from government budget rather than financial autonomy in the sense of the Judiciary, Legislature and Executive arms sharing the Federal Allocation together.
Umahi, who argued that Ebonyi State under his administration has continued to grant required autonomy to concerned arms and bodies, however, maintained that the Welfare of the Judges was of utmost importance to his government, being part and parcel of the people of the State.
The Governor stressed: “I believe that the ongoing demand for the autonomy of the judiciary and the legislature, for me is very, very unnecessary.
“I continue to say that autonomy is happening here in Ebonyi State.
“The definition of autonomy by my own understanding is that the money due to the judiciary in the budget is given to them to pay their workers by themselves; the one that is due to them for their capital project is given to them for them to do their capital projects, and the one for overhead is given to them.
“But if the definition of autonomy for the judiciary and the legislature is that the federal allocation and IGR should be shared, that definition has to happen very well in the sense that we give some responsibilities of the Executive like security to the judiciary, and the legislature.
“But I think what the Federal Government ought to do, which is the right thing to do, is to put the affairs of the judiciary as front line charge.
“There are still a lot of issues: we do not appoint our judges.
“Then why do you want us to now cater for the running of the Judges appointed by you?
“I think it is important that the Federal Government takes up that and cater for the affairs of the judges and the High Courts from the Federation Account, and it is being done in so many sectors of our administration.
“We do not also understand why the Federal Government is paying the Judges, and when they retire, they say the State should pay their gratuity.
“It doesn’t add up for me; for me, it is an aberration.”
The Governor, who extolled the admirable qualities of Nwaigwe, described him as a man of humility, integrity and passion, who has committed himself to constitutionalism and the rule of law, wishing him well in his further endeavours.
He appealed to the retiring Chief Judge to employ his wealth of experience in helping government end the intra communal war in Effium, his hometown, which has claimed many lives.
Regretting the killings going on in the area, he described the Effium, Ohaukwu local government area crises as unfortunate emphasising that his government would spare nothing in bringing it to permanent end.
Umahi said: “You have fought a good fight, and as you retire into a senior citizen, and one of our stakeholders, I will plead that you use the exalted position you have attained to help government to resolve the unfortunate crises in Effium, which is the land of your birth…
“We do not agree with heartless youths killing our mothers, fathers and children.”
In his parting remarks, Nwaigwe harped on the need for government and other stakeholders to honour the independence of the judiciary in order to instill integrity, rule of law and democratic principles in Nigeria.
He regretted that the constitutional provision of financial autonomy to the Judiciary have continued to be neglected by most States in spite of the recent Presidential Executive Order 10 meant to strengthen that provision.
Nwaigwe lamented: “So much lip service has been accorded to the quest to implement the financial autonomy for the Judiciary as provided in the constitution.
“Sometimes last year, 2020, His Excellency, the President of the Federal Republic of Nigeria, in his concern and zeal for implementing the provision of the constitution, which he swore to defend, signed the Executive Order 10, which outlined steps and procedures for the attainment of this lofty but noble objective in the State Justiciaries.
“However, and surprisingly too, no sooner was the cheering announcement made than everything, including the euphoria which the good news aroused, vanished into tin air.
“I wish to appeal to their Excellencies, the State Governors, to kindly cooperate with the Federal Government in order to find lasting and enduring process within the law to instill full Judicial independence into our slowly improving but dynamic democratic project.”
Other persons who presented Goodwill messages at the event, including the State Attorney-General and Commissioner for Justice, Cletus Ofoke; and Chairman, Nigeria Bar Association, Abakaliki Branch, Ogbonnaya Okorie, eulogized the outgoing Chief Judge for his landmark achievements.
While Ofoke described him as “a man who came, saw and conquered”, Okorie noted: “As a Judge, he discharged his duties with fear of God and dedication to duty with every sense of passion.
“Within a short period of his administration, he built and completed among other things the Judiciary Clinic Complex, the JSC building complex, sustained the peace and tranquillity among the staff of the Judiciary, cordial relationship with members of the Bar…”
Nwaigwe was appointed the acting Chief Judge on July 15, 2029 and sworn in as the substantive Chief Judge on September 2, 2019.
He is retiring after the compulsory 65 years of service.
He is to be succeeded by Justice Elvis Ngene.
The highlight of the event was the naming of the completed Judiciary Clinic Complex after the retiring Chief Judge as a memorial for his meritorious service to the State.