Governors endangering perception of Judiciary by giving cars, houses to judges — SERAP tells Tinubu, AGF

Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu to “stop the minister of the Federal Capital Territory (FCT), Mr Nyesom Wike and Nigeria’s 36 governors from usurping the authority and responsibilities of the National Judicial Council (NJC) and heads of court through giving cars and houses to judges.”

SERAP said, “Such practices are clearly antithetical to the constitutional principles of separation of powers, checks and balances and the rule of law, and may create the perception that the judiciary is subservient to the executive.”

“SERAP also urged him to “direct the Attorney General of the Federation and Minister of Justice Mr Lateef Fagbemi, SAN, as a defender of public interest, to challenge in court the constitutionality and legality of the practices by members of the executive of giving cars and houses to judges in Abuja and across the states.”

In the open letter dated 9 November 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “Politicians ought to keep their hands off the judiciary and respect and protect its integrity and independence. Politicians must treat judges with dignity and respect.”

SERAP said, “The Nigerian Constitution and international standards make clear that the judiciary is neither subservient to the executive nor the legislature.”

The letter, copied to Ms. Margaret Satterthwaite, UN Special Rapporteur on the Independence of Judges and Lawyers, read in part: “Undermining the fundamental principle of separation of powers risks constraining the ability of the judiciary to act as a check on the executive.”

“SERAP urges you to substantially improve funding for the judiciary to enhance their working conditions, welfare and pensions through existing constitutional arrangements and mechanisms, to uphold the independence and autonomy of the judiciary and to protect judges from executive interference.

“Your government has the constitutional and international obligations to promote public confidence in the judiciary and safeguard the rule of law.

“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government and the attorneys general of the 36 states to comply with our request in the public interest.

“The reports that members of the executives in the FCT and across several states are giving cars and houses to judges appear to take place without following any constitutional or procedural process, which may have a chilling effect on the rule of law and access to justice and effective remedies.

“Promoting the effective implementation of constitutional provisions and international standards on the financial autonomy of the judiciary would contribute towards ensuring the balance of power between the executive and the judiciary, and judicial integrity and independence.

“Your government has the constitutional responsibility to ensure equality of arms in the relationship between the three branches of government: the judiciary, executive and legislature and to uphold the principles of separation of powers and checks and balances.

“An independent judiciary, the essential guardian of the rule of law, is the linchpin of the scheme of checks and balances through which the separation of powers is assured. Members of the executive should not have any control over the judiciary’s funds.

“The rule of law is the bedrock of a democratic society. It is the only basis upon which individuals, private corporations, public bodies and the executive can order their lives and activities. And if the rule of law is to be upheld it is essential that there should be an independent judiciary.

“Because it is the executive that exercises the power of the State and because it is the executive, in one form or another, that is the most frequent litigator in the courts, it is from executive pressure that judges require particularly to be protected.

“SERAP urges you to direct Mr Fagbemi to ensure full compliance by Mr Wike and the 36 state governors with the provisions of sections 81(3) and 121(3)(a)-(h) of the Nigerian Constitution 1999 [as amended], and to respect and protect judicial integrity and independence.

“SERAP urges you to ensure that the Federal Executive Council (FEC) under your leadership stops the practice of approving construction of houses for judges, as the exercise of such responsibility is entirely inconsistent and incompatible with the provisions of the Nigerian Constitution and the country’s international obligations.

“According to reports, the Federal Executive Council (FEC) recently approved the construction of 40 houses in Abuja for judges of the Federal High Court and the Court of Appeal.

“Several of Nigeria’s 36 state governors including Abia, Benue, Cross River, Delta, Imo, Kogi, Lagos, Oyo, Osun, and Rivers also reportedly routinely engage in the practices of giving cars and houses to judges in their states.

“Section 121(3)(b) of the Nigerian Constitution provides that, ‘Any amount standing to the credit of the – (b) Judiciary in the Consolidated Revenue Fund of the State shall be paid directly to the heads of the courts concerned.’

“Under section 121(4) a Supplementary Appropriation Bill shall be passed if the amount appropriated by the Appropriation Law for the judiciary is insufficient; or a need has arisen for expenditure directly to the judiciary.

“Section 81(3) of the Nigerian Constitution contains similar provisions, stating that ‘The amount standing to the credit of the – (c) Judiciary in the Consolidated Revenue Fund of the Federation shall be paid directly to the National Judicial Council for disbursement to the heads of the courts’ for the Federation and the States.

“Similarly, the UN Basic Principles on the Independence of the Judiciary provides in article 1 that, ‘It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary.’

“The Basic Principle in article 2 obligates states including Nigeria to protect the judiciary from ‘any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.’

“Under article 7, ‘It is the duty of each Member State to provide adequate resources to enable the judiciary to properly perform its functions.’

“Judicial independence and autonomy means that judges must be appropriately remunerated commensurate with their special responsibilities, have adequate support staff and equipment, and adequate welfare and pension provisions.”

“SERAP notes that while exercising his powers under section 5 of the Nigerian Constitution former president Mohammadu Buhari signed Executive Order No.10 of 2020, to ensure that the judicial arms of government in the 36 states of the federation no longer have to wait on state governors for funds.

“Specifically, the Executive Order states that allocation of appropriated funds to the state judiciary in the state appropriation laws in their annual budget shall be a charge upon the Consolidated Revenue Fund of the State, as a First Line Charge.”