Members of the Kwara State branch of the Judicial Union of Nigeria (JSUN) yesterday embarked on a week's warning strike. 

They are protesting the Supreme Court judgment that reinstated the sacked Chief Justice of the state, Justice Raliat Habeeb–Elelu.

The apex court last Friday affirmed the judgment of the Federal High Court, Ilorin which had declared Habeeb-Elelu's removal as null and void.

The judgment ended the three-year legal battle between the Kwara State Government and Justice Habeeb-Elelu.

The chairperson of JSUN, Mrs. Folake Laaro, had, immediately after the judgment, served a notice to the state government of the union's decision to commence a warning strike yesterday.

While reiterating their "respect for the Supreme Court," the workers said they would embark on an indefinite strike after the expiration of the warning if the National Judicial Council (NJC) failed to reverse the Supreme Court judgment.

An Ilorin-based lawyer, Mr. John Bayeshea (SAN), faulted the action of the workers, saying disobedience of the Supreme Court judgment was an invitation to anarchy.

Bayeshea told The Nation that "once the Supreme Court has spoken on a matter, that is final. We must respect, obey and enforce the judgment of the Supreme Court, otherwise we will be giving room for anarchy. 

"Now the CJ has been reinstated. In fact, we senior members of the bar have interacted with the High Court judges in Kwara State and their position is that the judgment of the Supreme Court reinstating the CJ has to be obeyed. The impression should not be given that the judges are against the judgment of the Supreme Court. 

"We don't know whose script the Judicial Staff Workers Union of Nigeria is acting. The Acting CJ, Justice Kawu, has removed his personal effects from the office and that is how it should be. For you to know that those people are on their own, we lawyers are united on this point that the authority of the Supreme Court must not be questioned. If they have any political point to score, it is none of our business. They must not politicise the judiciary."

The Ilorin branch of the Nigeria Bar Association (NBA) described the judicial workers' action as ill-timed "as it constitutes a stumbling block in the enforcement of the judgment of the Supreme Court."

The NBA Chairman and General Secretary, Rafiu Balogun and Suleiman Abaya said: "The NBA wishes to state that the judgment of the Supreme Court is supreme in all ramifications and must be obeyed by all and sundry.

"Consequently, we call on stakeholders, particularly the office of the Attorney-General and Commissioner for Justice in the state to ensure that the judgment is enforced immediately.

"While congratulating the beneficiary of the judgment, we urge Justice Habeeb-Elelu to use her reinstatement to foster peace, stability and harmony in the state's judiciary and guide against any act capable of undermining the integrity of the bench and the bar.

"We enjoin the striking workers to suspend the action in the interest of the sanctity of the rule of law so that the judgment of the apex court will not be rendered otiose or ineffective."

Reacting to the development, the Attorney-General and Commissioner for Justice, Kamaldeen Ajibade, told reporters that the state would comply with the Supreme Court judgment.

His words: "The administration of Governor AbdulFatah Ahmed is a respecter of the rule of law and does not encourage the flouting or outright disobedience of the judgment of the apex court.

"I have been directed by Governor Ahmed to write to Justice Habeeb-Elelu to resume as the chief judge. The office of the CJ has been vacated by the former occupant. 

"I therefore use this medium to appeal to stakeholders in this matter to allow the rule of law to prevail. I urge them to return to their duties and support the quick dispensation of justice the state is reputed for."