Date: 2012-03-01

There were indications yesterday that prominent retired jurists from Kwara State have stepped into the crisis of confidence between the Chief Judge, Justice Raliat Elelu-Habeeb, and workers in the state's judiciary. 
Since the strike crisis erupted, some senior lawyers across the state had been meeting to seek the intervention of the elder legal icons in the crisis and save the judiciary from what one of them described as a possible embarrassment. 

A source close to those coordinating the move confided in our reporter last night that they had seen the need to move in and dialogue with all parties to the conflict with a view to reaching an amicable settlement. 

The source, who asked not to be named by the media to protect the resolution effort, said many people were worried about claims by the judicial workers and allegations that the Chief Judge had promised to use her ‘second coming' to accomplish some ‘revenge'.

The new initiative became imperative following the decision of the workers, under the aegis of Judicial Staff Union of Nigeria (JUSUN) to continue with their indefinite strike unless Elelu-Habeeb bows out of service. 

It also came against the backdrop of a call by the Chairman, House of Representatives Committee on Justice, Alhaji Ali Ahmad, asking the National Judicial Council to step into the matter. 

Ahmad, a former Attorney-General and Commissioner for Justice in the state, noted that since the Supreme Court decision only faulted the procedure that led to Elelu-Habeeb's now illegal sack and given the constitutional rights of the workers to express their feelings, there was the need to find a common ground between the two parties and resolve their differences.

His words: "The Supreme Court has ruled and my position is that it the position that should stand. But on the other hand, the workers have their complaints and within the confines of the constitution they have the right to do so, if it is not violent. They might be going through the wrong way but my believe is that if implementing the Supreme Court decision is problematic because of the history of the CJ,  then the stakeholders should come together and discuss because it is affecting many innocent people.

"If the allegations against the CJ are true, they are not befitting of a judicial officer. Note that the Supreme Court only faulted the procedure that led to her sack then, it did not absolve the CJ of the allegations. And don't forget that she had problems with the Nigerian Bar Association then and not the state government. Therefore there should be a meeting of the NBA, JUSUN and the state government. I believe the state government is being careful in the matter not to be seen as interfering and that is why I believe it is the NJC that should call the meeting.

"If the complaints against her are so terrible that there is no way out, then there are other things the NJC could do; it can elevate her for instance or something else. Whatever it is, I believe somebody should take action on the matter and I believe it is the NJC that has the constitutional power to wade into the matter."

Very competent sources confirmed to our reporter last night that high level meetings were being held with various actors in the crisis which had led to the closure of work in the High Courts of the state and made the Chief Judge unable to officially resume her position after the Supreme Court had ruled her sack in 2009 as illegal. 

There was no official confirmation of the reconciliation moves as at the time of filing this report but sources very familiar with the development and confirmed that at least three different meetings were held in the homes of the retired jurists. One of them was still going on as at the time of filing this report, according to the insiders.

Yesterday's move followed the decision on Tuesday by about 600 members of JUSUN to ratify the decision of the leadership of their union to embark on an indefinite strike in the state. The workers' meeting presided over by the state's JUSUN chairperson, Mrs. Folake Laaro, agreed to back the state executive committee and reiterated their earlier demand that the Chief Judge of the state, Justice Raliat Elelu-Habeeb bows out honourably since the entire workers have resoled not to work with her.

Laaro had told newsmen on Monday that the union was upgrading its strike from the one-week warning action to a full blown indefinite job boycott to press home their demands. 

All was again quiet at the High Court premises yesterday even as some stakeholders began to count their losses over the industrial action which has now entered its second week.

Meanwhile the Alliance for Democracy (AD) in the state has called on the striking workers to allow their rift with the reinstated Chief Judge be resolved amicably to save administration of justice in the state from jeopardy and expressed disappointment at the strike, saying it has caused delay and denial of justice to litigants.

In a statement signed by its chairman, Biliaminu Aliu and secretary, Michael Ologunde, the party also urged the state government to intervene in the crisis by prevailing on the workers to suspend their strike. 

While describing the judgement of the Supreme Court that reinstated Elelu-Habeeb as "a good one and a right step to revive the state sick judiciary," the party advised the Chief Judge to be ready for amicable settlement of the crisis with the workers and not victimize any of them after the settlement.

The statement reads in part: "We expected the Kwara State judiciary workers to first embrace the judgement delivered in favour of Justice Raliat Elelu-Habeeb by the Supreme Court and later settle their internal rifts in a civilised way rather than embarking on industrial action. Have the Kwara State judiciary workers forgotten that their action had ruined some people's lives and families? Yes they have, because many are in prisons and police detention awaiting trials and those having civil cases in courts are seriously affected by the strike."

"We want to remind the workers that their industrial action amount to justice delayed which, is justice denied. We, therefore, urged the entire workers to suspend their strike and join hands with Justice Raliat Elelu-Habeeb to revive our sick judiciary and allow the rule of law and justice to reign.

"Elelu-Habeeb must be able to work amicably with the workers. It should be no victor not vanquished. She needs the workers' support to succeed in revving our bed-ridden judiciary. She must not victimise any of the workers. She should remember that a tree can not make a forest,"

Laaro had  told our newsmen on Monday that while the union was not against Ali's suggestions, the workers were of the view that government's intervention may not yield any fruitful result as a similar intervention before the now illegal sack of the CJ had not yielded anything positive adding that it was the CJ's then alleged refusal to heed government's advice that led to the then crisis in the first place.

Her words: "We begin the indefinite strike today, yes, but we still insist and want to point out that we are not against the judgment of the Supreme Court. As we said earlier, it is a judgment that should be celebrated and we commend the industry of their Lordships who looked into the matter. But what we are saying is that we cannot work with the CJ because of her behaviour.  It is he who wears the shoe that knows where it pinches.

"On the call for NJC intervention, I have not seen or heard what the Honourable said so I cannot comment appropriately now but let me state that if the NJC calls us, then we shall respond appropriately. We don't believe that the state government can persuade the CJ to change her attitude. Don't forget that her problems then escalated because of her refusal to heed government's advice in the first place."