29/04/2026
COMMUNIQUE ISSUED AT END OF THE MEETING OF THE BODY OF CHAIRMEN OF ABIA BAR HELD ON TUESDAY, THE 28TH DAY OF APRIL, 2026 AT CHIEF EMMAN AKWIWU, SAN BAR CENTER ABA, ABIA STATE.
INTRODUCTION
The 10th Quarterly General Meeting of the Body of Chairmen of Abia Bar was held at the Chief Emman Akwiwu, SAN Bar Centre, Aba, Abia State, on the 28th day of April, 2026 from 12:00 noon to 4:00PM.
The Quarterly General Meeting brought together Chairmen of Branches of the Nigerian Bar Association in Abia State, to wit: Aba, Umuahia, Isialangwa, Ukwa and Bende respectively.
The meeting was chaired by Charles Onuchukwu, Esq, who in his opening remarks, underscored the centrality of law as the foundation of societal order, justice and peace. He called on Lawyers to promote the rule of law, champion reforms in law, societal justice and access to justice for the vulnerable, noting that justice remains the bedrock of governance and peace.
With this powerful address, the quarterly meeting was set on a course of deep reflection, bold dialogue and important resolutions concerning the ongoing JUSUN Strike in Abia State.
OBSERVATIONS
I. The Body of Chairmen of Abia Bar observed that the Judiciary Staff Union of Nigeria (JUSUN) Abia State Chapter embarked upon a strike on 16th day of March, 2026, pressing home its demand for judicial or financial autonomy.
II. Consequently, on the 27th day of March, 2026, the members of the Body of Chairmen of Abia Bar mandated the Chairman of NBA Aba Branch, Charles Nsobundu Onuchukwu, Esq to schedule a physical meeting with the Honourable Attorney General and Commissioner for Justice of Abia State Ikechukwu Uwanna, SAN. Unfortunately, the Learned Attorney General of Abia State, Ikechukwu Uwanna, SAN, maintained that he would not be available for a physical meeting but opted for a virtual meeting (on a very important issue as the JUSUN Strike) which was not acceptable by the Body of Chairmen of Abia Bar. Funny enough, the Attorney General directed the Branch Chairmen to engage the Chief Judge of Abia State or the Commissioner for Labour of Abia State on the issues that led to the JUSUN Strike in Abia State.
III. Thereafter the Body of Chairmen of Abia Bar wrote to the Governor of Abia state via a letter dated the 1st day of April, 2026 and received by the office of the Chief of Staff to the Governor of Abia State, Government House Umuahia requesting to pay a courtesy visit to His Excellency the Governor of Abia State. Up until now, the Governor of Abia State is yet to consider, approve or disapprove the application made to his good offices.
IV. Accordingly, on the 11th day of April, 2026, the Body of Chairmen of Abia Bar scheduled a physical meeting with the Executive Committee members of Abia State JUSUN at the Chief Emman Akwiwu, SAN Bar Centre, Aba, which was well attended. In the course of the meeting with the Executives Officers of Abia State JUSUN, they presented to the Body of Chairmen of Abia Bar a copy of the Memorandum of Understanding dated the 14th day of June, 2023 duly signed by the following personalities: Ikechukwu Uwanna (Senior Special Assistant Legal matters for Abia State Government) Mrs V.C. Okey-Nwokeukwu (Chief Registrar, High Court of Abia State- for management of the Abia State Judiciary) Comrade Prince Chinedu Ezeh- State Chairman JUSUN( for the Judiciary Staff Union of Nigeria) and Comrade Chinedu Mbah (National Vice President, Southeast JUSUN), wherein the parties unanimously agreed as follows:
1. "The State acknowledges that the payment of the difference in salaries from January 2015 to April 2015, consequent upon the circular dated the 4th of January 2016 with Ref No. HAS/EST/STR/52/88, conveying the approval of CONJUSS for Abia State Judiciary, is still outstanding.
2. The State undertakes to repay the outstanding sum and the repayment will commence on or before the 31st of October 2023.
3. The State shall forthwith set up a committee to implement the 4th amendment to the 1999 Constitution and draft a bill for the consideration of the Abia State House of Assembly for the implementation of Financial Autonomy for the State Judiciary.
4. The State shall review the Annual Leave Allowance regime and ensure that JUSUN members are not excluded from the payments.
5. The State shall review the minimum wage payment for January and February 2020 with a view to paying any outstanding payment thereof.
6. There shall be bi-monthly meetings between the State and JUSUN to monitor the implementation of this Understanding.
7. JUSUN shall suspend the industrial action with immediate effect and not later than the date contained in this MoU.
8. No Executive or Member of JUSUN shall be penalized on account of having taken part in the Industrial action.
9. That the right of JUSUN to resume the Industrial action in case of any breach of this understanding is reserved".
V. We took notice of the position of the Courts on the autonomy of the Judiciary. In the case of JUSUN & ORS Vs. NATIONAL JUDICIAL COUNCIL & ORS (Unreported FHC/ABJ/CS/667/13 decided on the 14th January, 2014), the Federal High Court per Adeniyi Ademola held inter alia that "the 2nd to 74th Defendants' failure, neglect and or refusal to pay the funds/amount standing on credit of the States Judiciary is a constitutional breach which has to be abated forthwith, that the state piece -meal payment/allocations of funds through the States ministry of finance to the States Judiciary at the 2nd-74th Defendants' pleasure is unconstitutional, unprocedural, cumbersome, null, void and be abated forthwith. His Lordship also made an order mandating the 2nd to 74th Defendants to comply with the provisions of section 162(9) of the 1999 Constitution of Nigeria in the disbursement of funds to the Heads of Court forthwith.
VI. In a similar vein, the Federal High Court sitting in Abuja in JUSUN Vs. NJC (Unreported FHC/ABJ/CS/663/2013) held that: "The Government at all levels were bound to obey the provisions of Sections 83 (1), 121(3) and 162 (9) of the 1999 Constitution of Nigeria which are clear and unambiguous. The Court further held that the Attorneys General of the Federation and the States should act responsibly and promptly to avoid a constitutional crisis in this country by ensuring financial autonomy for the Judiciary"
VII. Pursuant to the provision of Section 5 of the 1999 Constitution of Nigeria, the President of Nigeria issued Executive Order 10 on the 10th day of May, 2020 wherein His Excellency directed as follows:
"Without prejudice to any other applicable laws, legislations and conventions at the State tier of Government, which also provided for financial autonomy of State Legislature and state judiciary, allocation of appropriated funds to the State Legislature and State Judiciary in the State appropriation laws in the annual budget of the State shall be charged upon the Consolidated Revenue Fund of the State, as a first line charge."
FINDINGS
a. The Memorandum Of Understanding signed between the Abia State Government and the Judiciary Staff Union of Nigeria (JUSUN), Abia State Chapter on the 14th day of June, 2023 is still sacrosanct and same is binding on all the parties to the agreement.
b. It is consequently rationally justifiable that the Constitution provided measures to ensure judicial autonomy and independence so as to enhance separation of powers and checks and balances for purposes of good governance and sustainable development.
c. Despite the constitutional provisions, the Abia State Judiciary is still dependent on the Executive arm of Government for her funding. The Abia State Judiciary is funded through the State Ministry of Finance.
d. The decisions in JUSUN & ORS vs. NJC (2013) and JUSUN vs. NJC (2014) are binding on Abia State and same have not been appealed up to the present day.
RESOLUTIONS
1. The Abia State Judiciary is the guardian and protector of fundamental human rights, as well as the arbiter of disputes among all levels of government.
2. The Abia State Judiciary ought to be autonomous and independent so as to be free to perform its functions without fear or favour.
3. The refusal by the Abia State Government (both past and present) to grant financial autonomy to the State Judiciary speaks volume of the level of unconstitutionality, lawlessness and impunity Nigeria deals with.
4. The Abia State Government led by His Excellency Dr. Alex Otti, OFR should not be allowed to cherry-pick what aspect of the Constitution to obey, neither should the Government set a particular time to obey the Constitution.
5. Disobedience to Court orders by the other arms of government is undemocratic and is a major hurdle to the realization of judicial autonomy.
6. A virile Bar is required to give effect to a vibrant and autonomous Judiciary.
7. The facts canvassed by the learned Attorney General of Abia State, Ikechukwu Uwanna, SAN in the cause of his press conference on the current JUSUN strike in Abia State is grievously false and therefore being reduced to a mirage and its proof a herculean task that requires more than doctrinal argument of the Chief Law Officer of Abia State which cannot take the place of hard facts and evidence against the Abia State Government.
8. Funds due to the Abia State Judiciary must be paid directly to the Chief Judge of Abia State and the President of the Customary Court of Appeal Abia State from the Consolidated Revenue Fund.
DEMAND
a. The Bar demand that the Government of Abia State should grant financial autonomy to the Abia State Judiciary without further delay.
b. The Bar also demand that funds due to the Abia State Judiciary must be paid directly to the official account of the Abia State Judiciary from the Consolidated Revenue Fund so that the JUSUN strike can be immediately suspended or called off.
c. If after the expiration of 14 working days the demands of the Bar are not complied with, the Body of Chairmen will be left with no other option than to mobilize Lawyers in all the Branches of our Association in the State to stage a mass protest against the Abia State Government's constitutional recklessness on this issue.
Dated the 29th Day of April, 2026
Charles N. Onuchukwu, Esq
Chairman NBA
Aba Branch
Isaac Anya, Esq
Chairman NBA
Umuahia Branch
Eze Nwaegoro, Esq
Chairman NBA
Isiala Ngwa Branch
Kingsley A.O. Nwachi, Esq
Chairman NBA
Ukwa Branch
S. E. Elekeson, Esq
Chairman NBA
Bende Branch
