WHO IS IN CHARGE OF FIXING COURTS INFRASTRUCTURE?

Barr. Onyebuchi Ememanka  
This is in further response of a post and videos made by Empero Gabriel Ogbonna where he took pictures of Magistrate Court 7 Aba, posted same on facebook, sent them to Sahara Reporters in a bid to embarrass the state under the guise of playing opposition politics. 
On January 13, 2014, Justice Adeniyi Ademola of an Abuja Federal High Court delivered judgment in a suit filed by the leaders of the Judiciary Staff Union of Nigeria (JUSUN) granting the judiciary financial autonomy and self accounting status. 
Dr. Okezie Ikpeazu had not become Governor then. 
Some states started implementing that judgment while others waited. In Abia, that judgment was never implemented until Dr. Ikpeazu was inaugurated as Governor of Abia State. 
JUSUN in Abia State never made that judgment an issue until Ikpeazu came on board. 
When the matter was brought before Ikpeazu, he assured that once it’s a judgment of a court, he will abide by it and asked that since he has just assumed office, he be given time to settle down. 
That time, Emperor was all over the place screaming about that judgment and how Governor Ikpeazu has refused to obey a judgment of a court of competent jurisdiction. 
That judgment has since been implemented in Abia State on the orders of the Governor. 
For clarity, the implication of that judgment is that the judiciary is now fully independent in the way and manner they manage their funds. Once the budget is passed, the judiciary now receives its sectoral allocations directly from government and they determine 100% how such funds are applied. 
Unlike before when the state government could build courts or renovate same, the leadership of the judiciary is now fully in charge. The Executive cannot now award any contract for anything in the judicial arm of government. 
In Abia State, that judgment has been fully complied with. Currently, the renovation of the official quarters of the State Chief Judge is currently being handled by the head of the judiciary. 
Emperor knows these things. He is a lawyer…a senior lawyer. When he made that his post and video about Magistrate Court 7 in Aba, he was silent about whose duty it is to fix the court building. If he wanted to be fair, he would have gone ahead to make full disclosure. But no! The government and people of Abia State must be embarrassed. 
A few months ago, judiciary workers went on strike in Abia State. The strike had nothing to do with their wages but they were cajoled into the strike on the issue of autonomy. Then, Emperor bought a huge whistle and blew the matter to the high heavens. 
When some of us took him on, on the issue of the autonomy, it became obvious that the strike was not only ill devised but that his shouts made no meaning. 
The subject matter of the strike then was on the QUANTUM OF FUNDS TO BE ALLOCATED TO THE JUDICIARY UNDER THE SCHEME OF AUTONOMY. 
Laboring under a clear but unfortunate misapprehension of the judgement of the Federal High Court, the leaders of the judiciary started making specific financial demands on the government. They insisted on getting a particular amount. They forgot that the concept of autonomy speaks to the independent use of what is allocated to them and not to determine how much they get. 
The judgment delivers by Justice Ademola said nothing about the quantum of funds to be allocated to the judiciary. It only said that they have the powers to manage their funds. The constitution itself never said anything about quantum of funds. Since no such thing was mentioned, it is completely otiose for anyone to read into the judgment what it never said. The maxim is EXPRESSIO UNIUS NON EXCLUSIO ALTERIUS – THE EXPRESS MENTION OF ONE THING MEANS THE EXCLUSION OF THE OTHER. 
Once budgets are passed, it is the duty of the executive to implement and allocate resources to sectors BASED ON WHAT IS AVAILABLE FOR SHARING EACH PARTICULAR MONTH. The Judiciary is in no position to insist on getting a particular amount of money when it doesn’t know how much the state has for its services for that month. That is not the meaning of autonomy. 
Judicial financial autonomy doesn’t turn the Chief Judge of the State into the Governor nor Accountant General of the State. 
So, ladies and gentlemen, the job of fixing the court is squarely the business of the judiciary. They are now allocated funds directly each month in obedience with that judgement. What they do with the funds is entirely at their discretion. This point must be well understood. 
It’s just like blaming the Governor for leaking roofs at the State House of Assembly when the House gets funds directly to run their operations. 
It is the duty of the judiciary to apportion funds given to them to solve all these problems. It is their job to fix the courts! Funds management is not a tea party. It is serious business. 
There has been low cash flow in this country. Just as the Executive grapples with managing what is available to them to run the state, the judiciary must do so too. 
Emperor my friend knows these things but he will never say them.
However, as a responsible government, efforts will be made to engage the judiciary and draw their attention to the situation with a view to working on them.